House Bill No. 6001
House Bill No. 6001
June Special Session, PUBLIC ACT NO. 98-1
AN ACT CONCERNING THE REVISOR'S AND OTHER
TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND
TO CERTAIN PUBLIC AND SPECIAL ACTS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 4-124q of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall annually be paid to each regional
planning agency organized under the provisions of
chapter 127, each regional council of governments
organized under the provisions of THIS chapter,
[50,] and each regional council of elected
officials organized under the provisions of THIS
chapter [50] in any planning region without a
regional planning agency, from the appropriation
for such purpose, a grant-in-aid equal to (1) five
and three-tenths per cent of such appropriation
plus (2) for each agency or council which raises
local dues in excess of five and three-tenths per
cent of such appropriation, an additional grant in
an amount equal to the product obtained by
multiplying the appropriation available for the
purpose of this subdivision by the following
fraction: The amount of dues raised by such agency
or council pursuant to section 8-34a, section
4-124f or section 4-124p in excess of five and
three-tenths of such appropriation shall be the
numerator. The amount of such dues raised by each
such agency or council in excess of five and
three-tenths per cent of such appropriation shall
be added together and the sum shall be the
denominator.
Sec. 2. Subsection (h) of section 5-259 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(h) For the purpose of SUBSECTION (g) OF this
section, "Probate Court employee" means a person
employed by a probate court for at least twenty
hours per week.
Sec. 3. Section 12-285a of the general
statutes, as amended by section 11 of public act
97-243, is repealed and the following is
substituted in lieu thereof:
For purposes of sections 12-286a, 12-295a,
12-314a [, 12-315a] and subsection (a) of section
53-344: (1) "Distributor" includes a manufacturer
of tobacco products; (2) "sale" or "sell" means an
act done intentionally by any person, whether done
as principal, proprietor, agent, servant or
employee, of transferring, or offering or
attempting to transfer, for consideration,
cigarettes or tobacco products, including
bartering or exchanging, or offering to barter or
exchange, cigarettes or tobacco products; (3)
"give" or "giving" means an act done intentionally
by any person, whether done as principal,
proprietor, agent, servant or employee, of
transferring, or offering or attempting to
transfer, without consideration, cigarettes or
tobacco products; (4) "deliver" or "delivering"
means an act done intentionally by any person,
whether as principal, proprietor, agent, servant
or employee, of transferring, or offering or
attempting to transfer, physical possession or
control of cigarettes or tobacco products.
Sec. 4. Section 12-315a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Revenue Services shall
prepare a report on enforcement efforts undertaken
pursuant to sections 12-286a, 12-289a, 12-295a AND
12-314. [and 12-314a.] Such report shall include
the number of unannounced inspections conducted by
said commissioner, a summary of enforcement
actions taken pursuant to said sections and an
assessment of the progress made in the previous
fiscal year in reducing the availability of
tobacco products to minors. Said commissioner
shall transmit such report on or before January 1,
1998, and annually thereafter, to the joint
standing committee of the General Assembly having
cognizance of matters relating to public health,
to the select committee of the General Assembly
having cognizance of matters relating to children
and to the state agency designated by the Governor
as being responsible for reducing the rate at
which tobacco products are being sold to persons
under eighteen years of age.
Sec. 5. Subdivision (5) of subsection (b) of
section 16-8 of the general statutes is repealed
and the following is substituted in lieu thereof:
(5) The results of an audit performed
pursuant to this section shall be filed with the
department and shall be open to public inspection.
Upon completion and review of the audit, if the
person or firm performing or supervising the audit
determines that any of the operating procedures or
any other internal workings of the affected public
service company are inefficient, improvident,
unreasonable, negligent or in abuse of discretion,
the department may, after notice and opportunity
for a hearing, order the affected public service
company to adopt such new or altered practices and
procedures as the department shall find necessary
to promote efficient and adequate service to meet
the public convenience and necessity. The
department shall annually submit a report of
audits performed pursuant to this section to the
joint standing committee of the General Assembly
having cognizance of matters relating to [energy
and] public utilities which report shall include
the status of audits begun but not yet completed
and a summary of the results of audits completed.
Sec. 6. Subsection (a) of section 16-32f of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) On or before October first of each
even-numbered year, a gas company, as defined in
section 16-1, shall furnish a report to the
Department of Public Utility Control containing a
ten-year forecast of loads and resources. The
report shall describe the facilities and supply
sources that, in the judgment of such gas company,
will be required to meet gas demands during the
forecast period. The report shall be made
available to the public and shall be furnished to
the chief executive officer of each municipality
in the service area of such gas company, the
regional planning agency which encompasses each
such municipality, the Attorney General, the
president pro tempore of the Senate, the speaker
of the House of Representatives, the joint
standing committee of the General Assembly having
cognizance of matters relating to [energy and]
public utilities, any other member of the General
Assembly making a request to the department for
the report and such other state and municipal
entities as the department may designate by
regulation. The report shall include: (1) A
tabulation of estimated peak loads and resources
for each year; (2) data on gas use and peak loads
for the five preceding calendar years; (3) a list
of present and projected gas supply sources; (4)
specific measures to control load growth and
promote conservation; and (5) such other
information as the department may require by
regulation. A full description of the methodology
used to arrive at the forecast of loads and
resources shall also be furnished to the
department. The department shall hold a public
hearing on such reports. On or before August first
of each odd-numbered year, the department may
request a gas company to furnish to the department
an updated report. A gas company shall furnish any
such updated report not later than sixty days
following the request of the department.
Sec. 7. Subsection (a) of section 16-333f of
the general statutes, as amended by section 9 of
public act 98-121, is repealed and the following
is substituted in lieu thereof:
(a) Each community antenna television company
shall inform the Department of Public Utility
Control, each subscriber, the chairpersons of the
joint standing committee [on energy and] HAVING
COGNIZANCE OF MATTERS RELATING TO public utilities
and the chairperson of the company's advisory
council of any planned programming or rate changes
not less than thirty days unless otherwise
required by federal law prior to implementing such
changes unless (1) such changes are required by
law to be made in less than thirty days or (2) the
department prescribes a longer or shorter notice
period in appropriate circumstances where such
longer or shorter notice period is in the best
interest of the company's subscribers. The
company's advisory council may hold an advisory
public hearing concerning the planned changes and
may then make a recommendation to the company
prior to the planned implementation date. The
department shall adopt regulations in accordance
with chapter 54 to carry out the purposes of this
subsection.
Sec. 8. Section 16-333o of the general
statutes is repealed and the following is
substituted in lieu thereof:
Upon the enactment of federal legislation
authorizing rate regulation of community antenna
television companies, the Department of Public
Utility Control shall proceed to implement such
rate regulation as soon as practicable. The
Department of Public Utility Control shall develop
a schedule and plan to implement such rate
regulation and shall submit them to the joint
standing committee of the General Assembly having
cognizance of matters relating to [energy and]
public utilities within ninety days of enactment
of the federal legislation.
Sec. 9. Subsection (a) of section 16-358 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Every gas company, as defined in section
16-1, owning or operating any underground
facilities for furnishing gas shall, every two
years, beginning on or before April 1, 1997,
furnish a report to the Department of Public
Utility Control concerning the condition of such
underground gas facilities for each of the
previous two calendar years. The report shall be
made available to the public and shall be
furnished to the chief executive officer of each
municipality in which such underground gas
facilities are located, the regional planning
agency which encompasses each such municipality,
the Attorney General, the president pro tempore of
the Senate, the speaker of the House of
Representatives, the joint standing committee of
the General Assembly having cognizance of matters
relating to [energy and] public utilities, any
other member of the General Assembly making a
request to the department for the report and such
other state and municipal bodies as the department
may designate by regulation. The report shall
include: (1) Information concerning the age and
condition of such underground gas facilities; (2)
data on all major repairs to such underground gas
facilities undertaken during the reporting period;
(3) plans for replacing aged, deteriorated and
obsolete piping; (4) plans for the construction of
new underground gas facilities; and (5) such other
information as the department may require by
regulation.
Sec. 10. Section 16-359 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Every two years, beginning October 1, 1997,
the Department of Public Utility Control may
submit a report concerning compliance with and
enforcement of the provisions contained in this
chapter to the joint standing committee of the
General Assembly having cognizance of matters
relating to [energy and] public utilities. Such
reports shall be based upon data assembled for the
most recent twenty-four-month period and shall
include, without limitation, the number of
notifications made to the central clearinghouse, a
detailed listing of accident, damage and injury
reports and a detailed listing of enforcement
actions brought and civil penalties imposed by the
department. Such report shall also contain the
findings and recommendations of the department
with respect to the improvement of compliance with
and enforcement of the provisions contained in
this chapter and an evaluation of the overall
condition of the state's underground gas
facilities, including the potential for harm to
the public and disruption of service resulting
from aged, deteriorated and obsolete underground
facilities.
Sec. 11. Subsection (c) of section 16a-37u of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The Secretary of the Office of Policy and
Management, in conjunction with the Department of
Public Works, shall as soon as practicable and
where cost-effective connect all state-owned
buildings to a district heating and cooling
system, where such heating and cooling system
currently exists or where one is proposed. The
secretary, in conjunction with the Department of
Public Works, shall prepare an annual report with
the results of his progress in connecting
state-owned buildings to such a heating and
cooling system, the cost of such connection and
any projected energy savings achieved through any
such connection. The secretary shall submit his
report to the joint standing committee of the
General Assembly having cognizance of matters
relating to energy [and public utilities] on or
before January 1, 1993, and January first annually
thereafter.
Sec. 12. Subsection (d) of section 17b-522 of
the general statutes, as amended by section 23 of
public act 98-250, is repealed and the following
is substituted in lieu thereof:
(d) [Each] THE statement required under
subsections (a) and (b) of this section shall be
signed and dated by the prospective resident
before the execution of a contract to provide
continuing care or before the transfer of any
money or other property to a provider by or on
behalf of the prospective resident. Each such
statement shall contain an acknowledgement that
such statement and the continuing-care contract
have been reviewed by the prospective resident or
his legal representative. Such signed statements
shall be kept on file by the provider for a period
of not less than the term of the contract.
Sec. 13. Section 17a-510 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person who is a patient in a hospital for
psychiatric disabilities upon the order of any
court of probate, or his or her representative,
may make application to the court of probate for
the district in which such hospital is located for
his or her release from said hospital. Upon
receipt of any such application, such court shall
assign a time, not later than ten days thereafter,
and a place for hearing such application, and
shall cause reasonable notice thereof to be given
to the applicant, the superintendent of the
hospital where the applicant is confined and to
such relative or relatives and friends as it deems
advisable. Such notice shall inform the applicant
that he or she has a right to be present at the
hearing and to present evidence at the hearing;
that he or she has a right to counsel; that he or
she, if indigent, has a right to have counsel
appointed to represent him or her; and that he or
she has a right to cross-examine witnesses at any
hearing upon such application. Notwithstanding the
provisions of chapter 899, hospital records shall
be admissible in evidence. Nothing herein shall
prevent timely objection to the admissibility of
evidence in accordance with the rules of civil
procedure. Unless the court finds that further
confinement of the applicant is necessary in
accordance with the standards set forth in section
17a-498, the court shall order the release of such
person. All of the expenses in connection with an
application filed under this section shall be paid
by the applicant, unless the applicant is indigent
or otherwise unable to pay such expenses, in which
case such expenses shall be paid by the state from
funds appropriated to the Department of Mental
Health and Addiction Services, in accordance with
rates established by said department, and
attorney's fees shall be established by the
Probate Court Administrator, and paid from the
Probate Court Administration Fund, provided in no
event shall the expenses be paid for any one
applicant for more than two hearings in any one
year, including the hearing provided for in
subsection (g) of section 17a-498. Such court may,
for reasonable cause shown, order any person
confined in a hospital for psychiatric
disabilities to be removed to any other hospital
for psychiatric disabilities in this state. If the
officers, directors or trustees of a state
hospital for psychiatric disabilities are notified
by the superintendent of such institution or other
person in a managerial capacity that he has reason
to believe that any person committed thereto by
order of a probate court does not have psychiatric
disabilities or IS NOT a suitable subject to be
confined in such institution, or is appropriate
for voluntary status, such officers, directors or
trustees may discharge such person or convert the
status of such person to voluntary status pursuant
to section 17a-506. The superintendent or other
director of such institution shall notify such
person's next of kin or close friend of such
person's discharge, provided such patient consents
in writing to such notification.
Sec. 14. Section 17a-510 of the general
statutes, as amended by section 13 of public act
96-170, is repealed and the following is
substituted in lieu thereof:
Any person who is a patient in a hospital for
psychiatric disabilities upon the order of any
court of probate, or his or her representative,
may make application to the court of probate for
the district in which such hospital is located for
his or her release from said hospital. Upon
receipt of any such application, such court shall
assign a time, not later than ten days thereafter,
and a place for hearing such application, and
shall cause reasonable notice thereof to be given
to the applicant, the superintendent of the
hospital where the applicant is confined and to
such relative or relatives and friends as it deems
advisable. Such notice shall inform the applicant
that he or she has a right to be present at the
hearing and to present evidence at the hearing;
that he or she has a right to counsel; that he or
she, if indigent, has a right to have counsel
appointed to represent him or her; and that he or
she has a right to cross-examine witnesses at any
hearing upon such application. Notwithstanding the
provisions of chapter 899, hospital records shall
be admissible in evidence. Nothing herein shall
prevent timely objection to the admissibility of
evidence in accordance with the rules of civil
procedure. Unless the court finds that further
confinement of the applicant is necessary in
accordance with the standards set forth in section
17a-498, the court shall order the release of such
person. All of the expenses in connection with an
application filed under this section shall be paid
by the applicant, unless the applicant is indigent
or otherwise unable to pay such expenses, in which
case such expenses shall be paid by the state from
funds appropriated to the Department of Mental
Health and Addiction Services, in accordance with
rates established by said department, and
attorney's fees shall be established by, and paid
from funds appropriated to, the Judicial
Department, however, if funds have not been
included in the budget of the Judicial Department
for such attorney's fees, such fees shall be
established by the Probate Court Administrator and
paid from the Probate Court Administration Fund,
provided in no event shall the expenses be paid
for any one applicant for more than two hearings
in any one year, including the hearing provided
for in subsection (g) of section 17a-498. Such
court may, for reasonable cause shown, order any
person confined in a hospital for psychiatric
disabilities to be removed to any other hospital
for psychiatric disabilities in this state. If the
officers, directors or trustees of a state
hospital for psychiatric disabilities are notified
by the superintendent of such institution or other
person in a managerial capacity that he has reason
to believe that any person committed thereto by
order of a probate court does not have psychiatric
disabilities or IS NOT a suitable subject to be
confined in such institution, or is appropriate
for voluntary status, such officers, directors or
trustees may discharge such person or convert the
status of such person to voluntary status pursuant
to section 17a-506. The superintendent or other
director of such institution shall notify such
person's next of kin or close friend of such
person's discharge, provided such patient consents
in writing to such notification.
Sec. 15. Section 17a-541 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No patient hospitalized or treated in any
public or private facility for the treatment of
persons with psychiatric disabilities shall be
deprived of any personal, property or civil
rights, including the right to vote, hold or
convey property, and [contract] ENTER INTO
CONTRACTS, except in accordance with due process
of law, and unless such patient has been declared
incapable pursuant to sections 45a-644 to 45a-662,
inclusive. Any finding of incapability shall
specifically state which civil or personal rights
the patient is incapable of exercising.
Sec. 16. Subsection (a) of section 19a-7b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) There is established a Health Care Access
Commission, within the legislative department,
which shall be comprised of: The Commissioners of
Public Health and Social Services, the Insurance
Commissioner, the chairman of the Office of Health
Care Access, three members appointed by the
president pro tempore of the Senate, one of whom
shall be a member of the joint standing committee
of the General Assembly having cognizance of
matters relating to public health, one of whom
shall represent community health centers and one
of whom shall represent mental health services;
two members appointed by the majority leader of
the Senate one of whom shall represent commercial
insurance companies and one of whom shall
represent the disabled; three members appointed by
the minority leader of the Senate, one of whom
shall be a member of the joint standing committee
of the General Assembly having cognizance of
matters relating to appropriations and the budgets
of state agencies, one of whom shall represent
Blue Cross and Blue Shield of Connecticut, Inc.,
and one of whom shall represent small business;
three members appointed by the speaker of the
House of Representatives, one of whom shall be a
member of the joint standing committee of the
General Assembly having cognizance of matters
relating to human services, one of whom shall
represent consumers and one of whom shall
represent labor; two members appointed by the
majority leader of the House of Representatives
one of whom shall represent large business and one
of whom shall represent children; three members
appointed by the minority leader of the House of
Representatives, one of whom shall be a member of
the joint standing committee of the General
Assembly having cognizance of matters relating to
insurance, [and real estate,] one of whom shall
represent hospitals and one of whom shall be a
pediatric primary care physician. All members of
the commission may be represented by designees.
Sec. 17. Subdivision (6) of subsection (c) of
section 19a-88 of the general statutes is repealed
and the following is substituted in lieu thereof:
(6) Each person holding a license as a
physician assistant shall, annually, during the
month of his birth, register with the Department
of Public Health, upon payment of a fee of
seventy-five dollars, on blanks to be furnished by
the department for such purpose, giving his name
in full, his residence and business address and
such other information as the department requests.
No such license shall be renewed unless the
department is satisfied that the practitioner has
met the mandatory continuing medical education
requirements of the National Commission [for
Current Certification by said commission] ON
CERTIFICATION OF PHYSICIAN ASSISTANTS OR A
SUCCESSOR ORGANIZATION FOR THE CERTIFICATION OR
RECERTIFICATION OF PHYSICIAN ASSISTANTS THAT MAY
BE APPROVED BY THE DEPARTMENT and has passed any
examination or continued competency assessment the
passage of which may be required by said
commission for maintenance of current
certification by said commission.
Sec. 18. Subsection (c) of section 20-9 of the
general statutes, as amended by section 3 of
public act 98-43, is repealed and the following is
substituted in lieu thereof:
(c) This section shall not authorize anyone
to practice optometry as defined in chapter 380 or
to practice dentistry AS DEFINED IN CHAPTER 379 or
dental hygiene as defined in chapter [379] 379a.
Sec. 19. Section 20-112a of the general
statutes is repealed and the following is
substituted in lieu thereof:
A licensed dentist may delegate to dental
assistants such dental procedures as he may deem
advisable, but such procedures shall be performed
under his supervision and control and he shall
assume responsibility for such procedures;
provided such assistants may not engage in: (1)
Diagnosis for dental procedures or dental
treatment; (2) the cutting or removal of any hard
or soft tissue or suturing; (3) the prescribing of
drugs or medications which require the written or
oral order of a licensed dentist or physician; (4)
the administration of local, parenteral,
inhalation or general anesthetic agents in
connection with any dental operative procedure;
(5) the taking of any impression of the teeth or
jaws or the relationship of the teeth or jaws for
the purpose of fabricating any appliance or
prosthesis; (6) the placing, finishing and
adjustment of temporary or final restorations,
capping materials and cement bases; (7) the
practice of dental hygiene as defined in section
[20-111] 20-126l.
Sec. 20. Subsection (d) of section 20-162o of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) The department may, upon receipt of an
application for respiratory care licensure,
accompanied by the licensure application fee of
one hundred fifty dollars, issue a temporary
permit to a person who has completed an
educational program in respiratory care which
satisfies the requirements of subdivision (1) of
subsection (a) of this section. Such temporary
permit shall authorize the permittee to practice
as a respiratory care practitioner under the
supervision of a person licensed pursuant to this
section. Such practice shall be limited to those
settings where the licensed supervisor is
physically present on the premises and is
immediately available to render assistance and
supervision as needed, to the permittee. Such
temporary permit shall be valid from the date of
issuance of same until the date of issuance of the
results of the first examination administered
pursuant to subdivision [(1)] (2) of subsection
(a) of this section, following the permittee's
completion of said educational program in
respiratory care. Such permit shall remain valid
for each person who passes said examination until
the permittee receives their license from the
department. Such permit shall become void and
shall not be reissued in the event that the
permittee fails to pass said examination. No
permit shall be issued to any person who has
previously failed said examination or who is the
subject of an unresolved complaint or pending
professional disciplinary action. Violation of the
restrictions on practice set forth in this section
may constitute a basis for denial of licensure as
a respiratory care practitioner.
Sec. 21. Section 25-33n of the general
statutes is repealed and the following is
substituted in lieu thereof:
On or before the second Wednesday after the
convening of each regular session of the General
Assembly, the Commissioner of Public Health shall
submit a report to the joint standing committees
of the General Assembly having cognizance of
matters relating to the environment and [energy
and] public utilities, which describes the status
of, for the year ending the preceding June
thirtieth, the water planning process established
under sections 25-33g to 25-33j, inclusive, and
efforts to expedite the process.
Sec. 22. Subsection (c) of section 31-51o of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) Notwithstanding the provisions of this
section, any contractual agreement arrived at
through a collective bargaining process that
contains provisions requiring the employer to pay
for the continuation of existing group health
insurance for his affected employees in the event
of a [plant] relocation or closing OF A COVERED
ESTABLISHMENT shall supersede the requirements of
this section and, in the event of a conflict, the
contractual provisions shall be deemed to be
controlling.
Sec. 23. Subsection (c) of section 33-929 of
the general statutes, as amended by section 36 of
public act 97-246, is repealed and the following
is substituted in lieu thereof:
(c) When the Secretary of the State and his
successors in office have been appointed a foreign
corporation's registered agent, a foreign
corporation may be served by any proper officer or
other person lawfully empowered to make service by
leaving two true and attested copies thereof
together with the required fee at the office of
the Secretary of the State or depositing the same
in the United States mail, by registered or
certified mail, postage prepaid, addressed to
[such] SAID office. The Secretary of the State
shall file one copy of such process and keep a
record of the date and hour of such receipt. He
shall, within two business days after such
service, forward by registered or certified mail
the copy of such process to the corporation at the
address of its principal office as last shown on
his records.
Sec. 24. Subsection (c) of section 33-1219 of
the general statutes, as amended by section 79 of
public act 97-246, is repealed and the following
is substituted in lieu thereof:
(c) When the Secretary of the State and his
successors in office have been appointed a foreign
corporation's registered agent, a foreign
corporation may be served by any proper officer or
other person lawfully empowered to make service by
leaving two true and attested copies thereof
together with the required fee at the office of
the Secretary of the State or depositing the same
in the United States mail, by registered or
certified mail, postage prepaid, addressed to
[such] SAID office. The Secretary of the State
shall file one copy of such process and keep a
record of the date and hour of such receipt. He
shall, within two business days after such
service, forward by registered or certified mail
the copy of such process to the corporation at the
address of its principal office as last shown on
his records.
Sec. 25. Subsection (b) of section 34-38q of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) A foreign limited partnership's agent
upon whom process may be served shall be as
follows: When the Secretary of the State and his
successors have been appointed such limited
partnership's agent for service of process, by
leaving two true and attested copies thereof
together with the required fee at the office of
the Secretary of the State or depositing the same
in the United States mails, by registered or
certified mail, postage prepaid, addressed to
[such] SAID office. The Secretary of the State
shall file one copy of such process and keep a
record of the date and hour of such receipt, and,
within two business days after such service,
forward by registered or certified mail the other
copy of such process to the limited partnership at
the address of the office designated in the
certificate of registration filed pursuant to
section 34-38g, as last shown on his records.
Service so made shall be effective as of the date
and hour received by the Secretary of the State as
shown on his records. If it appears from the
records of the Secretary of the State that such a
foreign limited partnership has failed to appoint
or maintain a statutory agent for service, or if
it appears by affidavit attached to the process,
notice or demand of the officer or other proper
person directed to serve any process, notice or
demand upon such a foreign limited partnership's
statutory agent for service appearing on the
records of the Secretary of the State that such
agent cannot, with reasonable diligence, be found,
service of such process, notice or demand on such
foreign limited partnership may, when timely made,
be made by such officer or other proper person by:
(1) Leaving a true and attested copy thereof
together with the required fee at the office of
the Secretary of the State or depositing the same
in the United States mails, by registered or
certified mail, postage prepaid, addressed to
[such] SAID office, and (2) depositing in the
United States mails, by registered or certified
mail, postage prepaid, a true and attested copy
thereof, together with a statement by such officer
that service is being made pursuant to this
section, addressed to such foreign limited
partnership at the address of the office
designated in the certificate of limited
partnership in the state of formation as shown on
the records of such state.
Sec. 26. Subsection (b) of section 34-105 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) If it appears from the records of the
Secretary of the State that such a limited
liability company has failed to appoint or
maintain a statutory agent for service, or if it
appears by affidavit endorsed on the return of the
officer or other proper person directed to serve
any process, notice or demand upon such a limited
liability company's statutory agent for service
appearing on the records of the Secretary of the
State that such agent cannot, with reasonable
diligence, be found at the address shown on such
records as the agent's address, service of such
process, notice or demand on such limited
liability company may, when timely made, be made
by such officer or other proper person by: (1)
Leaving a true and attested copy thereof together
with the required fee at the office of the
Secretary of the State or depositing the same in
the United States mails, by registered or
certified mail, postage prepaid, addressed to
[such] SAID office, and (2) depositing in the
United States mails, by registered or certified
mail, postage prepaid, a true and attested copy
thereof, together with a statement by such officer
that service is being made pursuant to this
section, addressed to such limited liability
company at its principal office.
Sec. 27. Subsection (b) of section 34-225 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) A foreign limited liability company's
agent upon whom process may be served shall be as
follows: When the Secretary of the State and his
successors have been appointed such limited
liability company's agent for service of process,
by leaving two true and attested copies thereof
together with the required fee at the office of
the Secretary of the State or depositing the same
in the United States mails, by registered or
certified mail, postage prepaid, addressed to
[such] SAID office. The Secretary of the State
shall file one copy of such process and keep a
record of the date and hour of such receipt, and,
within two business days after such service,
forward by registered or certified mail the other
copy of such process to the limited liability
company at the address of the office designated in
the application for registration filed pursuant to
section 34-223. Service so made shall be effective
as of the date and hour received by the Secretary
of the State as shown on his records. If it
appears from the records of the Secretary of the
State that such a foreign limited liability
company has failed to appoint or maintain a
statutory agent for service, or if it appears by
affidavit attached to the process, notice or
demand of the officer or other proper person
directed to serve any process, notice or demand
upon such a foreign limited liability company's
statutory agent for service appearing on the
records of the Secretary of the State that such
agent cannot, with reasonable diligence, be found,
service of such process, notice or demand on such
foreign limited liability company may, when timely
made, be made by such officer or other proper
person by: (1) Leaving a true and attested copy
thereof together with the required fee at the
office of the Secretary of the State or depositing
the same in the United States mails, by registered
or certified mail, postage prepaid, addressed to
[such] SAID office, and (2) depositing in the
United States mails, by registered or certified
mail, postage prepaid, a true and attested copy
thereof, together with a statement by such officer
that service is being made pursuant to this
section, addressed to such foreign limited
liability company at the address of the office
designated in the articles of organization in the
state of formation as shown on the records of such
state.
Sec. 28. Subsection (f) of section 38a-660 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(f) Every applicant for a license must file
with the commissioner a notice of appointment
executed by an insurer or its authorized
representative authorizing such applicant to
execute undertakings of bail and to solicit and
negotiate such undertakings on its behalf. Each
appointment shall, by its terms, continue in force
until: (1) Termination of the surety bail bond
agent's license; or (2) the filing of a notice of
termination by the insurer [,] OR its
representative or by such surety bail bond agent.
Sec. 29. Subsection (j) of section 38a-660 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(j) The commissioner may adopt regulations in
accordance with the provisions of chapter 54
relating to the approval of schools offering
courses in the duties and responsibilities [to] OF
surety bail bond agents, the content of such
courses and the advertising to the public of the
services of these schools.
Sec. 30. Subsection (n) of section 38a-660 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(n) Any individual aggrieved by the action of
the commissioner in revoking, suspending or
refusing to reissue a license or in imposing a
fine or penalty may appeal therefrom, in
accordance with the provisions of section 4-183,
except venue for such appeal shall be in the
judicial district of Hartford-New Britain*.
Appeals under this section [and section 54-65a]
shall be privileged in respect to the order of
trial assignment.
Sec. 31. Subsection (c) of section 42a-5-116
of the general statutes is repealed and the
following is substituted in lieu thereof:
(c) Except as otherwise provided in this
subsection, the liability of an issuer, nominated
person or adviser is governed by any rules of
custom or practice, such as the Uniform Customs
and Practice for Documentary Credits, to which the
letter of credit, confirmation or other
undertaking is expressly made subject. If (i) this
article would govern the liability of an issuer,
nominated person or adviser under subsection (a)
or (b) of this section, (ii) the relevant
undertaking incorporates rules of custom or
practice, and (iii) there is conflict between this
article and those rules as applied to that
undertaking, those rules govern except to the
extent of any conflict with the nonvariable
provisions specified in SUBSECTION (c) OF section
42a-5-103.
Sec. 32. Subsection (b) of section 42a-5-117
of the general statutes is repealed and the
following is substituted in lieu thereof:
(b) An [application] APPLICANT that
reimburses an issuer is subrogated to the rights
of the issuer against any beneficiary, presenter
or nominated person to the same extent as if the
applicant were the secondary obligor of the
obligations owed to the issuer and has the rights
of subrogation of the issuer to the rights of the
beneficiary stated in subsection (a) of this
section.
Sec. 33. Section 42a-9-305 of the general
statutes is repealed and the following is
substituted in lieu thereof:
A security interest in [letters of credit and
advices of credit,] goods, instruments, other than
certificated securities, money, negotiable
documents or chattel paper may be perfected by the
secured party's taking possession of the
collateral. A security interest in the right to
proceeds of a written letter of credit may be
perfected by the secured party's taking possession
of the letter of credit. If such collateral other
than goods covered by a negotiable document is
held by a bailee, the secured party is deemed to
have possession from the time the bailee receives
notification of the secured party's interest. A
security interest is perfected by possession from
the time possession is taken without relation back
and continues only so long as possession is
retained, unless otherwise specified in this
article. The security interest may be otherwise
perfected as provided in this article before or
after the period of possession by the secured
party.
Sec. 34. Subsection (b) of section 45a-206 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Such corporation shall not act in such
capacity until it has appointed in writing the
Secretary of the State and his successors in
office to be its attorney, upon whom all process
in any action or proceeding against it may be
served in any action or proceeding relating to its
activities in such capacity. In such writing such
corporation shall agree that any process against
it which is served on [such secretary] THE
SECRETARY OF THE STATE shall be of the same legal
force and validity as if served on such
corporation, and that such appointment shall
continue so long as any liability on account of
such activities remains outstanding against the
corporation in this state.
Sec. 35. Subsection (c) of section 52-59b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) Any nonresident individual, or foreign
partnership, or his or its executor or
administrator, over whom a court may exercise
personal jurisdiction, as provided in subsection
(a), shall be deemed to have appointed the
Secretary of the State as its attorney and to have
agreed that any process in any civil action
brought against the nonresident individual or
foreign partnership, or his or its executor or
administrator, may be served upon the Secretary of
the State and shall have the same validity as if
served upon the nonresident individual or foreign
partnership personally. The process shall be
served by the officer to whom the same is directed
upon the secretary OF THE STATE by leaving with or
at the office of the secretary OF THE STATE, at
least twelve days before the return day of such
process, a true and attested copy thereof, and by
sending to the defendant at his last-known
address, by registered or certified mail, postage
prepaid, a like true and attested copy with an
endorsement thereon of the service upon the
secretary OF THE STATE. The officer serving such
process upon the secretary OF THE STATE shall
leave with the secretary OF THE STATE, at the time
of service, a fee of twenty-five dollars, which
fee shall be taxed in favor of the plaintiff in
his costs if he prevails in any such action. The
Secretary of the State shall keep a record of each
such process and the day and hour of service.
Sec. 36. Section 53-344 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person who sells, gives or delivers
to any minor under eighteen years of age tobacco,
unless the minor is delivering or accepting
delivery in his capacity as an employee, in any
form shall be fined not more than two hundred
dollars for the first offense, NOT MORE THAN three
hundred fifty dollars for a second offense within
an eighteen-month period and not more than five
hundred dollars for each subsequent offense within
an eighteen-month period.
(b) Any person [less than] UNDER eighteen
years of age who purchases or misrepresents his
age to purchase tobacco in any form shall be fined
not more than fifty dollars for the first offense
and not less than fifty dollars nor more than one
hundred dollars for each subsequent offense.
Sec. 37. Section 53a-110c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person is guilty of CRIMINAL violation
of a standing criminal restraining order when an
order issued pursuant to subsection (a) of section
53a-40e has been issued against such person, and
such person violates such order.
(b) Criminal violation of a standing criminal
restraining order is a class D felony.
Sec. 38. Section 53a-161d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A person is guilty of paying a kickback
when he knowingly offers or pays any benefit, in
cash or kind, to any person with intent to
influence such person: (1) To refer an individual,
or to arrange for the referral of an individual,
for the furnishing of any [good] GOODS, facilities
or services for which a claim for benefits or
reimbursement has been filed with a local, state
or federal agency; or (2) to purchase, lease,
order or arrange for or recommend the purchasing,
leasing or ordering of any goods, facilities or
services for which a claim of benefits or
reimbursement has been filed with a local, state
or federal agency.
(b) Paying a kickback is a class D felony.
Sec. 39. Subsection (c) of section 54-33a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) A warrant may issue only on affidavit
sworn to by the complainant or complainants before
the judge and establishing the grounds for issuing
the warrant, which affidavit shall be part of the
arrest file. If the judge is satisfied that
grounds for the application exist or that there is
probable cause to believe that they exist, he
shall issue a warrant identifying the property and
naming or describing the person, place or thing to
be searched. The warrant shall be directed to any
police officer [or] OF a regularly organized
police department or any state policeman or to a
conservation officer, special conservation officer
or patrolman acting pursuant to section 26-6. It
shall state the grounds or probable cause for its
issuance and it shall command the officer to
search within a reasonable time the person, place
or thing named, for the property specified.
Sec. 40. Subsection (a) of section 54-102a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The court before which is pending any
case involving a violation of any provision of
[this part] SECTIONS 53a-65 TO 53a-89, INCLUSIVE,
may, before final disposition of such case, order
the examination of the accused person to determine
whether or not he is suffering from any venereal
disease, unless the court from which such case has
been transferred has ordered the examination of
the accused person for such purpose, in which
event the court to which such transfer is taken
may determine that a further examination is
unnecessary.
Sec. 41. Subsection (c) of section 1 of
public act 96-228 is repealed and the following is
substituted in lieu thereof:
(c) Every standing criminal restraining order
of the court made in accordance with this section
shall contain the following language: "This order
shall remain in effect until modified or revoked
by the court for good cause shown. In accordance
with section [1] 2 of [this act] PUBLIC ACT
96-228, violation of a standing criminal
restraining order issued by the court pursuant to
subsection (a) of this section, shall be
punishable by a term of imprisonment of not less
than one year nor more than five years, a fine of
not more than five thousand dollars or both."
Sec. 42. Subsection (c) of section 9-46a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The Judicial Department, the Commissioner
of Correction and the BOARD OF Parole [Board]
shall establish procedures to inform those persons
who have been convicted of a felony, have been
under the jurisdiction of said department,
commissioner or board and are eligible to have
their electoral privileges restored pursuant to
subsection (a) of this section, of the right and
procedures to have such privileges restored.
Sec. 43. Subsection (a) of section 5-202 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any employee who is not included in any
collective bargaining unit of state employees and
who has achieved a permanent appointment as
defined in [subsection (r)] SUBDIVISION (19) of
section 5-196 may appeal to the Employees' Review
Board if he or she receives an unsatisfactory
performance evaluation or is demoted, suspended or
dismissed, or is aggrieved as a result of alleged
discrimination, or unsafe or unhealthy working
conditions or violations involving the
interpretation and application of a specific state
personnel statute, regulation or rule. Such
employee must have complied with preliminary
review procedures, except as otherwise provided in
subsection (k) of this section. Such an appeal
shall be submitted to the board within thirty days
of the completion of the final level of the
preliminary review procedure, provided the first
level of the procedure shall have been initiated
no later than thirty calendar days from the date
of the alleged violation, except that in cases of
dismissal, demotion or suspension the grievance
must be submitted directly to the third level of
the procedure and shall have been initiated no
later than thirty calendar days from the effective
date of such action.
Sec. 44. Subsection (b) of section 14-36e of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Each local and regional board of
education may provide a course of instruction in
motor vehicle operation and highway safety on a
secondary school level, which course shall consist
of not less than thirty clock hours of classroom
instruction offered during or after school hours
as said board of education, in its discretion, may
provide, and may include behind-the-wheel
instruction of not less than [six] EIGHT clock
hours. Said course shall be open to enrolment by
any person between the ages of sixteen and
eighteen, inclusive, who is a resident of the town
or school district or whose parent, parents or
legal guardian owns property taxable in such town
or school district. Any such board of education
may contract for such behind-the-wheel instruction
with a licensed drivers' school.
Sec. 45. Subsection (b) of section 14-39 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Each such nonresident shall display on
the motor vehicle he is operating the
distinguishing number or mark required by the
state or country within which the motor vehicle is
registered. He shall conform to all provisions of
the general statutes regarding equipment, marking
and operation of motor vehicles registered in this
state, except that the commissioner may enter into
reciprocal agreements with the [Motor Vehicle]
Commissioner OF MOTOR VEHICLES or other like
authority of another state, district or country
concerning the equipment, marking or inspection of
motor vehicles and may grant privileges concerning
noncompliance with Connecticut laws requiring
certain equipment, marking and inspection of motor
vehicles if substantially similar privileges are
granted regarding the equipment, marking and
inspection of Connecticut registered vehicles
operating in that state, district or country.
Sec. 46. Subsection (b) of section 14-49b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Commissioner of Environmental
Protection, in consultation with the Commissioner
of Motor Vehicles, shall annually, within ninety
days prior to the beginning of the next ensuing
fiscal year, submit to the Secretary of the Office
of Policy and Management an annual operating
budget for the federal Clean Air Act account,
providing for the operation of programs to
implement the federal Clean Air Act Amendments of
1990, to the extent that the payment of such costs
has not otherwise been adequately provided for.
Such annual operating budget shall include an
estimate of revenues from the fees and charges
fixed by law, and from any and all other sources,
to meet the estimated expenditures of the federal
Clean Air Act [fund] ACCOUNT for such fiscal year.
Within thirty days prior to the first day of such
fiscal year the Secretary of the Office of Policy
and Management shall approve said annual operating
budget, with such changes, amendments, additions
and deletions as shall be agreed upon prior to
that date by the Commissioner of Environmental
Protection and the Secretary of the Office of
Policy and Management.
Sec. 47. Subsection (a) of section 16a-49 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Department of Public Utility Control
shall require each gas and electric public service
company to implement a cost effective conservation
and load management program consistent with
integrated resource planning [principals]
PRINCIPLES. As part of each conservation and load
management program the department shall require
specific programs to target the needs of
manufacturers. The department shall allow the gas
or electric public service company either: (1) To
earn a return on prudently incurred multiyear
conservation and load management expenditures on
programs and measures approved by the department
included in the company's rate base and
successfully implemented by the company at a rate
at least one percentage point but no more than
five percentage points higher than such company's
rate of return otherwise found to be reasonable;
or (2) authorize a return of at least one
percentage point but no more than five percentage
points on the company's prudently incurred
conservation and load management expenditures
treated as operating costs on programs and
measures approved by the department and
successfully implemented by the company. For the
purposes of this section "conservation and load
management expenditures" shall include all prudent
expenditures, approved by the department by gas or
electric public service companies designed to
conserve energy or manage gas or energy load.
Sec. 48. Section 18-81l of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Correction shall (1)
require each applicant for a position that will
involve direct contact with inmates to state
whether such person has ever been convicted of a
crime or whether criminal charges are pending
against such person at the time of his
application, and (2) require each applicant to
submit to state and national criminal history
records checks. The Department of Correction shall
conduct a state criminal history records check for
each applicant. Prior to employment, the
Department of Correction shall arrange for the
fingerprinting of each successful applicant and
shall forward such fingerprints to the state
POLICE Bureau of Identification which shall submit
the fingerprints to the Federal Bureau of
Investigation for a national criminal history
records check. The department may charge each
applicant a fee for the national criminal history
records check which shall not exceed the fee
charged by the Federal Bureau of Investigation for
performing the check.
Sec. 49. Section 20-195p of the general
statutes is repealed and the following is
substituted in lieu thereof:
The commissioner may take any action set
forth in section 19a-17 if the license holder
fails to conform to the accepted standards of the
social work profession, including, but not limited
to, the following: Conviction of a felony; fraud
or deceit in obtaining or seeking reinstatement of
a license to practice clinical social work; fraud
or deceit in the practice of social work;
negligent, incompetent or wrongful conduct in
professional activities; emotional disorder or
mental illness; physical illness, including, but
not limited to, deterioration through the aging
process; abuse or excessive use of drugs,
including alcohol, narcotics or chemicals; wilful
falsification of entries in any hospital, patient
or other record pertaining to social work;
violation of any provision of this chapter or any
regulation adopted hereunder. The Commissioner of
Public Health may order a license holder to submit
to a reasonable physical or mental examination if
his physical or mental capacity to practice safely
is the subject of an investigation. Said
commissioner may petition the superior court for
the judicial district of Hartford-New Britain* to
enforce such order or any action taken pursuant to
said section 19a-17. Notice of any contemplated
action under said section 19a-17, of the cause
[therefore] THEREFOR and the date of hearing
thereon, shall be given and an opportunity for
hearing afforded as provided in the regulations
adopted by the commissioner.
Sec. 50. Subsection (b) of section 22a-133k
of the general statutes is repealed and the
following is substituted in lieu thereof:
(b) The commissioner may establish, by
regulations adopted in accordance WITH the
provisions of chapter 54, a program for expediting
the review and approval of reports on final
remedial actions concerning sites subject to
section 22a-134 or sites which, as of July 3,
1989, were on the inventory of hazardous waste
disposal sites maintained pursuant to section
22a-133c provided such reports are not submitted
pursuant to an order, consent order or stipulated
judgment. The commissioner may retain consultants
as necessary to accomplish such expedited review
and may require the payment of a fee, as provided
for in said regulations to cover the reasonable
cost of performing the expedited review and
approval of final remediation reports pursuant to
this subsection, including the cost of any
consultant retained by the commissioner to perform
such work.
Sec. 51. Subsection (b) of section 22a-285b
of the general statutes is repealed and the
following is substituted in lieu thereof:
(b) Not more than one year after an
application is filed with the commissioner under
section 22a-208a for an ash residue disposal area
authorized under section 22a-285a, the
commissioner shall issue such permit or a written
decision denying such permit. If the council has
not approved an agreement or issued an arbitration
award under the provisions of section [22a-286g]
22a-285g, such period may be extended for thirty
days after the arbitration award.
Sec. 52. Subsection (e) of section 22a-477 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Within the water pollution control state
account there are established the following
subaccounts: (1) A state bond receipts subaccount,
into which shall be deposited the proceeds of
notes, bonds [of] OR other obligations issued by
the state for the purpose of deposit therein, (2)
a General Fund receipts subaccount into which
shall be deposited funds appropriated by the
General Assembly for the purpose of deposit
therein, (3) a state loan repayment subaccount
into which shall be deposited payments received
from any municipality in repayment of a project
loan made from any moneys deposited in the water
pollution control state account; (4) a state
administrative and management subaccount into
which shall be deposited amounts for
administration and management of the Clean Water
Fund which amounts shall be determined by the
commissioner in consultation with the Secretary of
the Office of Policy and Management; and (5) a
state grant subaccount, into which shall be
deposited (A) the proceeds of notes, bonds or
other obligations issued by the state for the
purposes of deposit therein; (B) funds
appropriated by the General Assembly for the
purpose of deposit therein and (C) payments
received from a municipality in repayment of a
grant account loan.
Sec. 53. Article VI of section 27-38 of the
general statutes is repealed and the following is
substituted in lieu thereof:
ARTICLE VI
1. Whenever the military forces or any part
thereof of any signatory state are engaged outside
of their own state in carrying out the purposes of
this compact, the individual members of such
military forces so engaged shall not be liable,
civilly or criminally, for any act or acts done by
them in the performance of their duty.
2. The individual members of such forces
shall have the same powers, duties, rights,
privileges and immunities as the members of the
military forces of the state in which they are
engaged, but in any event,
3. Each signatory state shall save harmless
any member of its military forces wherever serving
and any member of the military forces of any other
SIGNATORY STATE SERVING WITHIN ITS BORDERS FOR ANY
ACT OR ACTS DONE BY THEM IN the performance of
their duty while engaged in carrying out the
purposes of this compact.
Sec. 54. Subsections (b) and (c) of section
27-108 of the general statutes are repealed and
the following is substituted in lieu thereof:
(b) Any veteran desiring care or treatment
under the provisions of this chapter shall make
application under oath to the commissioner OF
VETERANS' AFFAIRS; but, if, by reason of his
physical condition, he is unable to make such
application, some other veteran may make such
application in his behalf. Said commissioner, or
his designee, shall have sole power to determine
whether such veteran is entitled to admission to
the home or to a hospital, and such veteran, if
admitted, may, upon application to the
commissioner, receive transportation at the
expense of the state from his place of residence
to the home or such hospital. No veteran so
admitted shall be discharged from the home or
hospital except upon the approval of the
commissioner or his designee. The commissioner
shall have sole power to remove any veteran whose
care and treatment is paid for by the state from
any hospital to another and shall appoint such
agents as are necessary to see that veterans
admitted to hospitals are receiving necessary
food, clothing, care and treatment.
(c) Such veterans who are able to pay in
whole or in part for such program or services, as
determined by the applicable fee schedule adopted
pursuant to subsection [(c)] (d) of section
27-102l, shall receive a monthly bill for such
services rendered.
Sec. 55. Section 27-119 of the general
statutes, as amended by public act 97-150, is
repealed and the following is substituted in lieu
thereof:
When the grave of any person who, in time of
war, served in the military or naval forces of the
English colonies in America, prior to 1776, or the
grave of any veteran, which is located in this
state, is unmarked by a suitable headstone, or is
marked by a bronze marker erected by this state,
the commissioner OF VETERANS' AFFAIRS shall, upon
application made not later than two years after
the death of such veteran or two years from the
interment of the remains of such veteran from
abroad, provide payment for the costs of erecting
headstones provided by the federal government and
shall furnish transportation costs, where none are
provided, for said headstones from the nearest
destination point to which the federal government
will deliver such headstones, to the gravesite,
provided such payment is requested not later than
one year from the date of the approval of such
application. The expense of transportation and the
erection or installation of such headstone to an
amount not exceeding an amount prescribed by the
commissioner, shall be paid by the Comptroller.
Sec. 56. Subsection (a) of section 29-109 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No moving picture projector involving the
use of a photographic film shall be operated in
any public building or place of public assemblage
or entertainment until such precautions as the
Commissioner of Public Safety specifies have been
taken against fire, panic or other personal
hazards and a certificate of approval for such
premises HAS BEEN obtained from the commissioner
specifying the number of persons that may be
admitted to such premises or place at any one
time. No moving picture film shall be used or
exhibited in any premises or place mentioned
herein unless such film, together with the
projector and necessary accessories, is located in
a room or area of such size, type and design as
the commissioner specifies, and a certificate of
approval has been obtained from the commissioner
authorizing such use of such room or area. No
person may store or use any moving picture film
made of nitrocellulose or any other highly
combustible material in a motion picture theater.
Sec. 57. Subsection (a) of section 29-136 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) On receipt of [such] AN application FOR
AN AMUSEMENT LICENSE, the commissioner OF PUBLIC
SAFETY shall cause a full investigation and
inspection of the location, equipment,
paraphernalia, mechanical amusement rides and
devices in respect to such amusement and all other
matters relating thereto to be made and shall
determine whether or not such amusement will be
reasonably safe for public attendance and may make
reasonable orders concerning alterations,
additions or betterments to the equipment,
paraphernalia, mechanical amusement rides and
devices, and concerning the character and
arrangement of the seating, means of egress,
lighting, fire-fighting appliances, fire and
police protection and such other provisions as
shall make the amusement reasonably safe against
both fire and casualty hazards.
Sec. 58. Section 29-251 of the general
statutes, as amended by section 4 of public act
97-308, is repealed and the following is
substituted in lieu thereof:
There shall be within the Department of
Public Safety a Codes and Standards Committee
whose duty it shall be to work with the State
Building Inspector in the enforcement of part Ia
and the State Fire Marshal in the enforcement of
part II of this chapter as set forth herein. The
committee shall be composed of seventeen members,
residents of the state, appointed by the
Commissioner of Public Safety as follows: Two
members shall be architects licensed in the state
of Connecticut; three shall be professional
engineers licensed in the state of Connecticut,
two of whom shall practice either structural,
mechanical or electrical engineering but in no
event shall both of such members represent the
same specialty and one of whom shall be a
practicing fire protection engineer or mechanical
engineer with extensive experience in fire
protection; two shall be builders or
superintendents of construction, one of whom shall
have expertise in residential construction and one
of whom shall have expertise in nonresidential
construction; one shall be a public health
official; two shall be building officials; two
shall be local fire marshals; one shall be a
Connecticut member of a national building trades
labor organization; and four shall be public
members, one of whom shall have expertise in
matters relating to accessibility and use of
facilities by the physically disabled and who
shall be selected from a list of names submitted
by the Office of Protection and Advocacy for
Persons with Disabilities. Each member, other than
the public members, shall have had not less than
ten years' practical experience in his profession
or business. The committee shall adopt [rules and
regulations for procedure] REGULATIONS IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54
GOVERNING THE PROCEDURE OF THE COMMITTEE. Members
who fail to attend three consecutive meetings or
fifty per cent of all meetings during a calendar
year shall be deemed to have resigned. It shall
have power, within the limits of appropriations
provided therefor, to employ such assistants as
may be necessary to conduct its business.
Sec. 59. Section 29-256 of the general
statutes is repealed and the following is
substituted in lieu thereof:
In order to make the State Building Code and
the State Fire Safety Code more responsive to
present economic conditions, to promote reduction
in the cost of construction of homes and other
buildings, thereby creating more jobs in the
construction industry and promoting home
ownership, as well as to enable the citizens of
the state to realize the benefits of the latest
technology in energy conservation in the design
and construction of homes and other buildings, the
State Building Inspector and Codes and Standards
Committee, in conjunction with the Commissioner of
Public Safety, [and] shall thoroughly review and
revise the State Building Code and the State Fire
Safety Code, with an emphasis on performance
rather than design specifications. In the course
of such review, the State Building Inspector and
the Codes and Standards Committee shall develop
separate Building Code standards for the
rehabilitation of buildings. Such separate
standards shall be included in any revision of the
State Building Code.
Sec. 60. Subsection (b) of section 29-259 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Any person, agent of the state,
municipality or any other political subdivision of
the state may apply to the State Building
Inspector and the Codes and Standards Committee to
modify or set aside standards for historic
buildings incorporated in the State Building Code.
The State Building Inspector shall, within seven
days of receipt of any such application, forward a
copy of such application to the director of
[advocacy for the handicapped and developmentally
disabled] THE OFFICE OF PROTECTION AND ADVOCACY
FOR PERSONS WITH DISABILITIES and to the director
of the Connecticut Historical Commission. Each of
said directors shall, within thirty days of
receipt, review such application and make such
written recommendations as he deems appropriate to
the State Building Inspector and the Codes and
Standards Committee concerning the disposition of
such application. The recommendations of such
directors shall be part of the records and
documents of the State Building Inspector
concerning such application. The State Building
Inspector and the Codes and Standards Committee
shall consider such written recommendations when
acting upon such application and may set aside or
modify an individual standard or specification
when they jointly determine that it would not be
feasible or would unreasonably complicate the
construction, alteration or repair in question and
where alternative methods and materials have been
proposed to maintain certain features. Such
determination shall be in writing, shall state the
reasons therefor and if it sets aside any such
standard of specification, a copy of such
determination shall be sent to each of said
directors.
Sec. 61. Section 29-270a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The owner of any enclosed shopping mall or
retail business with more than fifty thousand
square feet of floor space, shall install, in at
least one of the primary entrances, doors that are
automatically activated to provide access to
persons with physical disabilities, provided the
State Building Inspector may, with the concurrence
of the director of [advocacy for the handicapped
and the developmentally disabled] THE OFFICE OF
PROTECTION AND ADVOCACY FOR PERSONS WITH
DISABILITIES, grant an exemption from such
requirement where strict compliance would entail
practical difficulty or unnecessary hardship.
Nothing in this section shall require the
installation of an automatically activated door in
a primary entrance which is open and unobstructed
by any door during the hours the retail business
is open to the public.
Sec. 62. Section 29-271 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any state-assisted rental housing or rental
housing project constructed or substantially
rehabilitated under a building permit issued on or
after January 1, 1976, and which contains ten or
more housing units shall have at least ten per
cent of the units and all common use areas and
facilities designed to promote safe and accessible
means of entrance and egress and ease of access
and use of facilities for the physically disabled,
as defined in subsection (b) of section 1-1f,
unless a waiver of such requirement is obtained
from the Commissioner of Economic and Community
Development as provided in this section. [The]
SAID commissioner may, with the concurrence of the
director of [advocacy for the handicapped and the
developmentally disabled] THE OFFICE OF PROTECTION
AND ADVOCACY FOR PERSONS WITH DISABILITIES, waive
the requirement for such units for any
state-financed rental housing project awarded
state assistance under sections 8-124a and 8-216b,
provided all requirements concerning the provision
of housing units accessible to the physically
disabled promulgated by the United States
Department of Housing and Urban Development have
been met. Physically disabled persons and families
shall receive priority in placement in no less
than ten per cent of the housing units constructed
or substantially rehabilitated after January 1,
1976.
Sec. 63. Section 29-293 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[Said] THE FIRE SAFETY code shall specify
reasonable minimum requirements for fire safety in
new and existing buildings and facilities, and
may, to ensure the reasonable safety of persons
occupying or using any premises, open to the
public, require the establishment of a fire zone
for the orderly access to said premises of fire
and other emergency equipment. Regulations may be
in accordance with the size, type of construction
and nature of use or occupancy of such buildings
or facilities. No regulation made in accordance
with sections 29-292 to 29-294, inclusive, shall
be inconsistent with the provisions of the
statutes.
Sec. 64. Section 29-294 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[Said] THE FIRE SAFETY code and all
amendments [thereto] TO SAID CODE shall be
registered with the Secretary of the State and
published in accordance with section 4-173, and,
in addition, [thereto] a copy shall be provided TO
each local fire marshal, fire chief and building
inspector, and such other governmental officials
as request [the same] SAID CODE.
Sec. 65. Section 29-309 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Codes and Standards Committee shall
establish a procedure whereby any person
determined to have the right to appeal may appeal
a decision of the local fire marshal or State Fire
Marshal relating to the enforcement of ANY
PROVISION OF THE GENERAL statutes concerning fire
prevention and safety or the State Fire Safety
Code not more than thirty days after the receipt
OF NOTICE OF THE DECISION by the person aggrieved
by such decision. Such procedure shall include the
committee and shall be established in accordance
with THE PROVISIONS OF chapter 54. Any person
aggrieved by a decision made in accordance with
such procedure may appeal therefrom to the
superior court for the judicial district wherein
the premises concerned are located.
Sec. 66. Section 32-9o of the general
statutes is repealed and the following is
substituted in lieu thereof:
It is hereby found and declared as a matter
of legislative determination that: (a) There is a
serious need for the investment of private capital
in business enterprises located in municipalities
experiencing conditions of high unemployment,
poverty, aging housing stock and low or declining
rates of growth in job creation, population and
per capita income; (b) high property tax rates and
the unavailability or high cost of credit to
business organizations have discouraged industrial
activity in such municipalities and perpetuated
prevailing patterns of economic and social stress;
(c) private capital investment in the
construction, renovation and expansion of
manufacturing and other industrial facilities will
best contribute to increasing employment and an
expanding tax base in such municipalities and the
development of a more productive and balanced
economy in the state; and (d) the tax, grant and
other financial incentives provided by
subdivisions (59) and (60) of section 12-81 and
sections 12-217e, 32-9p to 32-9s, inclusive,
[32-23n] and 32-23p to encourage such private
investment are important and necessary
applications of the resources of the state in the
exercise of its responsibility to preserve and
foster the health, safety and general welfare of
the state and its people. Accordingly the
necessity, in the public interest and for the
public benefit and good, of the provisions under
said sections is hereby declared as a matter of
legislative determination.
Sec. 67. Section 32-9p of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in subdivisions (59) and (60) of
section 12-81 and sections 12-217e, 32-9p to
32-9s, inclusive, [32-23n] and 32-23p, the
following words and terms have the following
meanings:
(a) "Area of high unemployment" means, as of
the date of any final and official determination
by the authority or the department to extend
assistance under said sections, any municipality
which is a distressed municipality as defined in
subsection (b) of this section, and any other
municipality in the state which in the calendar
year preceding such determination had a rate of
unemployment which exceeded one hundred ten per
cent of the average rate of unemployment in the
state for the same calendar year, as determined by
the Labor Department, provided no such other
municipality with an unemployment rate of less
than six per cent shall be an area of high
unemployment.
(b) "Distressed municipality" means, as of
the date of the issuance of an eligibility
certificate, any municipality in the state which,
according to the United States Department of
Housing and Urban Development meets the necessary
number of quantitative physical and economic
distress thresholds which are then applicable for
eligibility for the urban development action grant
program under the Housing and Community
Development Act of 1977, as amended, or any town
within which is located an unconsolidated city or
borough which meets such distress thresholds. Any
municipality which, at any time subsequent to July
1, 1978, has met such thresholds but which at any
time thereafter fails to meet such thresholds,
according to said department, shall be deemed to
be a distressed municipality for a period of five
years subsequent to the date of the determination
that such municipality fails to meet such
thresholds, unless such municipality elects to
terminate its designation as a "distressed
municipality", by vote of its legislative body,
not later than September 1, 1985, or not later
than three months after receiving notification
from the commissioner that it no longer meets such
thresholds, whichever is later. In the event a
distressed municipality elects to terminate its
designation, the municipality shall notify the
commissioner and the Secretary of the Office of
Policy and Management in writing within thirty
days. In the event that the commissioner
determines that amendatory federal legislation or
administrative regulation has materially changed
the distress thresholds thereby established,
"distressed municipality" shall mean any
municipality in the state which meets comparable
thresholds of distress which are then applicable
in the areas of high unemployment and poverty,
aging housing stock and low or declining rates of
growth in job creation, population and per capita
income as established by the commissioner,
consistent with the purposes of subdivisions (59)
and (60) of section 12-81 and sections 12-217e,
32-9p to 32-9s, inclusive, [32-23n] and 32-23p, in
regulations adopted in accordance with chapter 54.
For purposes of sections 32-9p to 32-9s,
inclusive, "distressed municipality" shall also
mean any municipality adversely impacted by a
major plant closing, relocation or layoff,
provided the eligibility of a municipality shall
not exceed two years from the date of such
closing, relocation or layoff. The Commissioner of
Economic and Community Development shall adopt
regulations, in accordance with the provisions of
chapter 54, which define what constitutes a "major
plant closing, relocation or layoff" for purposes
of sections 32-9p to 32-9s, inclusive. "Distressed
municipality" shall also mean the portion of any
municipality which is eligible for designation as
an enterprise zone pursuant to subdivision (2) of
subsection (b) of section 32-70.
(c) "Eligibility certificate" means a
certificate issued by the department pursuant to
section 32-9r evidencing its determination that a
facility for which an application for assistance
has been submitted qualifies as a manufacturing
facility and is eligible for assistance under
section 12-217e and subdivisions (59) and (60) of
section 12-81.
(d) "Manufacturing facility" means any plant,
building, other real property improvement, or part
thereof, (1) which (A) is constructed or
substantially renovated or expanded on or after
July 1, 1978, in a distressed municipality, a
targeted investment community as defined in
section 32-222, or an enterprise zone designated
pursuant to section 32-70, or (B) is acquired on
or after July 1, 1978, in a distressed
municipality, a targeted investment community as
defined in section 32-222, or an enterprise zone
designated pursuant to said section 32-70, by a
business organization which is unrelated to and
unaffiliated with the seller, after having been
idle for at least one year prior to its
acquisition and regardless of its previous use;
(2) which is to be used for the manufacturing,
processing or assembling of raw materials, parts
or manufactured products, for research and
development facilities directly related to
manufacturing, for the significant servicing,
overhauling or rebuilding of machinery and
equipment for industrial use, or, except as
provided in this subsection, for warehousing and
distribution or, (i) if located in an enterprise
zone designated pursuant to said section 32-70,
which is to be used by an establishment, an
auxiliary or an operating unit of an establishment
as such terms are defined in the Standard
Industrial Classification Manual, in the
categories of depository institutions,
nondepository credit institutions, insurance
carriers, holding or other investment offices,
business services, health services, fishing,
hunting and trapping, motor freight transportation
and warehousing, water transportation,
transportation by air, transportation services,
security and commodity brokers, dealers, exchanges
and services, telemarketing or engineering,
accounting, research, management and related
services INCLUDING, BUT NOT LIMITED TO, MANAGEMENT
CONSULTING SERVICES from the Standard Industrial
Classification Manual, which establishment,
auxiliary or operating unit shows a strong
performance in exporting goods and services, as
FURTHER defined by the commissioner through
regulations adopted under chapter 54 or (ii) if
located in a municipality with an entertainment
district designated under section 32-76 or
established under section 2 of public act 93-311*,
is to be used in the production of entertainment
products, including multimedia products, or as
part of the airing, display or provision of live
entertainment for stage or broadcast, including
support services such as set manufacturers,
scenery makers, sound and video equipment
providers and manufacturers, stage and screen
writers, providers of capital for the
entertainment industry and agents for talent,
writers, producers and music properties and
technological infrastructure support including,
but not limited to, fiber optics, necessary to
support multimedia and other entertainment
formats, except entertainment provided by or shown
at a gambling or gaming facility or a facility
whose primary business is the sale or serving of
alcoholic beverages; and (3) for which the
department has issued an eligibility certificate
in accordance with section 32-9r. In the case of
facilities which are acquired, the department may
waive the requirement of one year of idleness if
it determines that, absent qualification as a
manufacturing facility under subdivisions (59) and
(60) of section 12-81, and sections 12-217e, 32-9p
to 32-9s, inclusive, [32-23n] and 32-23p, there is
a high likelihood that the facility will remain
idle for one year. In the case of facilities
located in an enterprise zone designated pursuant
to said section 32-70, (i) the idleness
requirement in subparagraph (B) of subdivision
(1), for business organizations which over the six
months preceding such acquisition have had an
average total employment of between six and
nineteen employees, inclusive, shall be reduced to
a minimum of six months, and (ii) the idleness
requirement shall not apply to business
organizations with an average total employment of
five or fewer employees, provided no more than one
eligibility certificate shall be issued under this
subparagraph (ii) for the same facility within a
three-year period. Of those facilities which are
for warehousing and distribution, only those which
are newly constructed or which represent an
expansion of an existing facility qualify as
manufacturing facilities. In the event that only a
portion of a plant is acquired, constructed,
renovated or expanded, only the portion acquired,
constructed, renovated or expanded constitutes the
manufacturing facility. A manufacturing facility
which is leased may for the purposes of
subdivisions (59) and (60) of section 12-81 and
sections 12-217e, 32-9p to 32-9s, inclusive,
[32-23n] and 32-23p, be treated in the same manner
as a facility which is acquired if the provisions
of the lease serve to further the purposes of
subdivisions (59) and (60) of section 12-81, and
sections 12-217e, 32-9p to 32-9s, inclusive,
[32-23n] and 32-23p and demonstrate a substantial,
long-term commitment by the occupant to use the
manufacturing facility, including a contract for
lease for an initial minimum term of five years
with provisions for the extension of the lease at
the request of the lessee for an aggregate term
which shall not be less than ten years, or the
right of the lessee to purchase the facility at
any time after the initial five-year term, or
both. For a facility located in an enterprise zone
designated pursuant to said section 32-70, and
occupied by a business organization with an
average total employment of ten or fewer employees
over the six-month period preceding acquisition,
such contract for lease may be for an initial
minimum term of three years with provisions for
the extension of the lease at the request of the
lessee for an aggregate term which shall not be
less than six years, or the right of the lessee to
purchase the facility at any time after the
initial three-year term, or both, and may also
include the right for the lessee to relocate to
other space within the same enterprise zone,
provided such space is under the same ownership or
control as the originally leased space or if such
space is not under such same ownership or control
as the originally leased space, permission to
relocate is granted by the lessor of such
originally leased space, and such relocation shall
not extend the duration of benefits granted under
the original eligibility certificate. Except as
provided in subparagraph (B) above, a
manufacturing facility does not include any plant,
building, other real property improvement or part
thereof used or usable for such purposes which
existed before July 1, 1978.
(e) "Service facility" means a manufacturing
facility described in subparagraph (i) of
subdivision (2) of subsection (d) of this section,
provided such facility is located outside of an
enterprise zone in a targeted investment
community.
(f) "Authority", "capital reserve fund bond",
"commissioner", "department", "industrial project"
and "insurance fund" shall have the meaning such
words and terms are given in section 32-23d.
(g) "Municipality" means any town, city or
borough in the state.
Sec. 68. Subsection (a) of section 32-511 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) There is established a Connecticut
International Trade Council. The council shall
consist of: (1) Six members appointed by the
Governor, two of whom shall have expertise in the
field of export financing; (2) (A) the
chairpersons and ranking members of the joint
standing committee of the General Assembly having
cognizance of matters relating to the Department
of Economic and Community Development, or (B)
their designees, who may be members of the General
Assembly; (3) one member appointed by the
president pro tempore of the Senate, who shall
have expertise in the field of export financing;
(4) one member appointed by the majority leader of
the Senate; (5) one member appointed by the
minority leader of the Senate; (6) one member
appointed by the speaker of the House of
Representatives; (7) one member appointed by the
majority leader of the House of Representatives;
and (8) one member appointed by the minority
leader of the House of Representatives, who shall
have expertise in the field of export financing.
All members of the council, except the members
described in subparagraph (A) of subdivision (2)
of this subsection, shall have expertise in the
field of business or international trade. All
appointments to the council shall be made within
thirty days after July 1, 1994. The term of each
appointed or designated member of the council
shall be coterminous with the term of the
appointing authority. The council shall elect a
chairperson and a vice-chairperson from among its
members. Any person absent from (A) three
consecutive meetings of the council or (B) fifty
per cent of such meetings during any calendar year
shall be deemed to have resigned from the council,
[effectively] EFFECTIVE immediately. Any vacancy
on the council shall be filled by the appointing
authority. Members of the council shall serve
without compensation but shall, within the limits
of available funds, be reimbursed for expenses
necessarily incurred in the performance of their
duties. The council shall meet as often as deemed
necessary by the chairperson or a majority of the
council.
Sec. 69. Subsection (d) of section 38a-336a
of the general statutes is repealed and the
following is substituted in lieu thereof:
(d) The selection of coverage under this
section shall apply to all subsequent renewals of
coverage and to all [polices] POLICIES or
endorsements which extend, change, supersede or
replace an existing policy issued to the named
insured, unless changed in writing by any named
insured.
Sec. 70. Subsection (f) of section 42-133l of
the general statutes is repealed and the following
is substituted in lieu thereof:
(f) No franchisor, directly or indirectly,
through any officer, agent or employee, shall do
any of the following: (1) Require a franchisee at
the time of entering into an agreement to assent
to a release, assignment, novation, waiver, or
estoppel which would relieve any person from
liability imposed by sections 42-133j to 42-133n,
inclusive; (2) prohibit, directly or indirectly,
the right of free association among franchisees
for any lawful purpose; (3) prohibit the transfer
by will of any franchise and the rights of any
franchisee under any franchise agreement to a
spouse or child of such franchisee; (4) require or
prohibit any change in management of any franchise
unless such requirement or prohibition of such
change shall be for good cause, which cause shall
be stated in writing by the franchisor; (5) impose
unreasonable standards of performance upon a
franchisee; (6) fail to deal in good faith with a
franchisee; (7) sell, rent or offer to sell to a
franchisee any product or service for more than a
fair and reasonable price; (8) impose on a
franchisee by contract, rule or regulation,
whether written or oral, any standard of conduct
unless the franchisor, his agents or
representatives sustain the burden [or] OF proving
such to be reasonable and necessary; (9)
discriminate between franchisees in the charges
offered or made for royalties, goods, services,
equipment, rentals, advertising services, or in
any other business dealing, unless (A) any such
type of discrimination between franchisees would
be necessary to allow a particular franchisee to
fairly meet competition in the open market or (B)
to the extent that the franchisor satisfies the
burden of proving that any classification of or
discrimination between franchisees is reasonable,
is based on franchises granted at materially
different times and such discrimination is
reasonably related to such difference in time or
on other proper and justifiable distinctions
considering the purposes of sections 42-133j to
42-133n, inclusive, and is not arbitrary. Nothing
shall be construed under this subsection, however,
as granting to any franchisor any right which may
be limited by any other state or federal statutes;
(10) notify the franchisee of a claimed breach of
franchise agreement for good cause later than one
hundred eighty days from the date said good cause
arises or one hundred eighty days after the
franchisor knew or in the exercise of reasonable
care should have known of said claimed good cause.
Sec. 71. Section 43-16o of the general
statutes is repealed and the following is
substituted in lieu thereof:
No person shall assume the title licensed
public weigher, or any title of similar import,
perform the duties or acts to be performed by a
licensed public weigher under this chapter, hold
himself out as a licensed public weigher, issue
any weight certificate ticket, memorandum or
statement for which a fee is charged, or engage in
the full-time or part-time business of public
weighing, unless he [hold] HOLDS a valid license
as a licensed public weigher. "Public weighing",
as used in this section, shall mean the weighing
for any person, upon request, of property,
produce, commodities or articles other than those
which the weigher or his employer, if any, is
either buying or selling.
Sec. 72. Article X of section 46b-151a of the
general statutes is repealed and the following is
substituted in lieu thereof:
ARTICLE X
That the duly constituted administrative
authorities of a state party to this compact may
enter into supplementary agreements with any other
state or states party hereto for the cooperative
care, treatment and rehabilitation of delinquent
juveniles whenever they shall find that such
agreements will improve the facilities or programs
available for such care, treatment and
rehabilitation. Such care, treatment and
rehabilitation may be provided in an institution
located within any state entering into such
supplementary agreement. Such supplementary
agreements shall (1) provide the rates to be paid
for the care, treatment and custody of such
delinquent juveniles, taking into consideration
the character of facilities, services and
subsistence furnished; (2) provide that the
delinquent juvenile shall be given a court HEARING
PRIOR TO HIS BEING SENT TO ANOTHER STATE FOR CARE,
TREATMENT AND custody; (3) provide that the state
receiving such a delinquent juvenile in one of its
institutions shall act solely as agent for the
state sending such delinquent juvenile; (4)
provide that the sending state shall at all times
retain jurisdiction over delinquent juveniles sent
to an institution in another state; (5) provide
for reasonable inspection of such institutions by
the sending state; (6) provide that the consent of
the parent, guardian, person or agency entitled to
the legal custody of said delinquent juvenile
shall be secured prior to his being sent to
another state; and (7) make provision for such
other matters and details as shall be necessary to
protect the rights and equities of such delinquent
juveniles and of the cooperating states.
Sec. 73. Subsection (a) of section 50a-61 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) For a foreign-money judgment, the United
States dollar amount needed for the limited
purpose of (1) the value of assets to be seized or
restrained pursuant to a writ of attachment,
garnishment, execution or other legal process, (2)
the amount at issue for assessing costs, or (3)
the amount involved for a required surety bond
shall be determined as follows: The party seeking
the writ, costs or bond shall compute the dollar
amount of the foreign money claimed from a
bank-offered spot rate of exchange prevailing at
or near the close of business on the banking day
next [proceeding] PRECEDING the filing of a
request for the issuance of process or for the
determination of costs, or an application
requiring a bond.
Sec. 74. Subsection (a) of section 54-82c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Whenever a person has entered upon a term
of imprisonment in a correctional institution of
this state and, during the continuance of the term
of imprisonment, there is pending in this state
any untried indictment or information against such
prisoner, he shall be brought to trial within one
hundred twenty days after he has caused to be
delivered, to the state's attorney or assistant
state's attorney of the judicial district or
geographical area, in which the indictment or
information is pending, and to the appropriate
court, written notice of the place of his
imprisonment and his request for final disposition
to be made of the indictment or information. For
good cause shown in open court, the prisoner or
his counsel being present, the court may grant any
necessary or reasonable continuance. The request
of the prisoner shall be accompanied by a
certificate of the warden, community correctional
center administrator or other official having
custody of the prisoner, stating the term of
commitment under which the prisoner is being held,
the time already served, the time remaining to be
served on the sentence, the amount of good time
earned, the time of parole eligibility of the
prisoner and any decisions of the [parole] board
OF PAROLE relating to the prisoner.
Sec. 75. Subsection (b) of section 54-142g of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) "Criminal justice agency" means any court
with criminal jurisdiction, the Department of
Motor Vehicles, or any other governmental agency
created by statute which is authorized by law and
engages, in fact, as its principal function in
activities constituting the administration of
criminal justice; including but not limited to,
organized municipal police departments, the
Division of State Police, Department of
Correction, Office of Adult Probation, Office of
Policy and Management, state's attorneys,
assistant state's attorneys, deputy assistant
state's attorneys, [parole] board OF PAROLE,
[pardon] board OF PARDONS, bail commissioners and
Chief Medical Examiner. It shall also include any
component of a public, noncriminal justice agency
if such component is created by statute and is
authorized by law and, in fact, engages in
activities constituting the administration of
criminal justice as its principal function.
Sec. 76. Section 54-179 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) When the return to this state of a person
charged with crime in this state is required, the
state's attorney shall present to the Governor his
written application for a requisition for the
return of the person charged, in which application
shall be stated the name of the person so charged,
the crime charged against him, the approximate
time, place and circumstances of its commission,
the state in which he is believed to be, including
the location of the accused therein, at the time
the application is made and certifying that, in
the opinion of the state's attorney, the ends of
justice require the arrest and return of the
accused to this state for trial and that the
proceeding is not instituted to enforce a private
claim.
(b) When the return to this state is required
of a person who has been convicted of a crime in
this state and has escaped from confinement or
broken the terms of his bail, probation or parole,
the state's attorney of the county in which the
offense was committed, the [Parole] Board OF
PAROLE, or the Commissioner of Correction, shall
present to the Governor a written application for
a requisition for the return of such person, in
which application shall be stated the name of the
person, the crime of which he was convicted, the
circumstances of his escape from confinement or of
the breach of the terms of his bail, probation or
parole and the state in which he is believed to
be, including the location of the person therein
at the time application is made.
(c) The application shall be verified by
affidavit, shall be executed in duplicate and
shall be accompanied by two certified copies of
the indictment returned, or information and
affidavit filed, or of the complaint made to the
judge, stating the offense with which the accused
is charged, or of the judgment of conviction or of
the sentence. The state's attorney, [Parole] Board
OF PAROLE or Commissioner of Correction may also
attach such further affidavits and other documents
in duplicate as he deems proper to be submitted
with such application. One copy of the
application, with the action of the Governor
indicated by endorsement thereon, and one of the
certified copies of the indictment, complaint,
information and affidavits or of the judgment of
conviction or of the sentence, shall be filed in
the office of the Secretary of the State, to
remain of record in that office. The other copies
of all papers shall be forwarded with the
Governor's requisition.
Sec. 77. Section 13a-24 of the general
statutes, as amended by section 5 of public act
97-62, is repealed and the following is
substituted in lieu thereof:
Nothing contained in this part [,] shall be
construed to limit, restrict or derogate from any
power, right or authority of the commissioner
existing under or pursuant to any other act of the
General Assembly.
Sec. 78. Section 17a-7 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Except as otherwise limited by subsection
[(e)] (i) of section 46b-140 and subsection (a) of
section 46b-141, the Commissioner of Children and
Families or his designee may, when deemed in the
best interests of a child committed to the custody
of the commissioner as delinquent by the Superior
Court, place such child on parole under such terms
or conditions as the commissioner or his designee
deem to be in the best interests of such child.
When in the opinion of the commissioner or his
designee it is no longer in the best interest of
such child to remain on parole such child may be
returned to any institution, resource or facility
administered by or available to the Department of
Children and Families.
Sec. 79. Subsection (b) of section 19a-87b of
the general statutes, as amended by section 36 of
public act 97-259, is repealed and the following
is substituted in lieu thereof:
(b) On and after October 1, 1997, the
Commissioner of Public Health, within available
appropriations, shall request a criminal records
check of each initial applicant or prospective
employee of a family day care home in a position
requiring the provision of care to a child. Such
criminal records check shall be [required]
REQUESTED from the State Police Bureau of
Identification and the Federal Bureau of
Investigation. The commissioner shall also request
a check of the state child abuse registry
established pursuant to section 17a-101k. A fee
shall be charged by the commissioner for each such
national criminal history records check which
shall be equal to the fee charged by the Federal
Bureau of Investigation for performing such check.
The Department of Public Health shall reimburse
the Department of Public Safety for the actual
cost for a national criminal history records
check. Not more than three months after the
effective date of [this act] PUBLIC ACT 97-259,
the commissioner shall notify each licensee of the
provisions of this subsection.
Sec. 80. Subsection (f) of section 1-84b of
the general statutes, as amended by section 13 of
public act 97-6 of the June 18 special session, is
repealed and the following is substituted in lieu
thereof:
(f) No former public official or state
employee (1) who participated substantially in the
negotiation or award of (A) a state contract
valued at an amount of fifty thousand dollars or
more or (B) a written agreement for the approval
of a payroll deduction slot described in section
[3-123] 3-123g, or (2) who supervised the
negotiation or award of such a contract or
agreement, shall accept employment with a party to
the contract or agreement other than the state for
a period of one year after his resignation from
his state office or position if his resignation
occurs less than one year after the contract or
agreement is signed.
Sec. 81. Subsection (a) of section 4b-1 of
the general statutes, as amended by section 18 of
public act 97-293, is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Public Works shall
(1) be responsible for the administrative
functions of construction and planning of all
capital improvements undertaken by the state,
except (A) highway and bridge construction, the
construction and planning of capital improvements
related to mass transit, marine and aviation
transportation, (B) the Connecticut Marketing
Authority, (C) planning and construction of
capital improvements to the State Capitol building
or the Legislative Office Building and related
facilities by the Joint Committee on Legislative
Management, (D) any project as defined in
subdivision (16) of section 10a-109c, AS AMENDED,
undertaken by The University of Connecticut and
(E) construction and planning of capital
improvements related to the Judicial Department if
such construction and planning do not constitute a
project within the meaning of subsection [(e)] (h)
of section 4b-55, including the preparation of
preliminary plans, estimates of cost, development
of designs, working plans and specifications,
award of contracts and supervision and inspection;
(2) select consultant firms in accordance with the
provisions of sections 4b-56 to 4b-59, inclusive,
to assist in the development of plans and
specifications when in his judgment such
assistance is desirable; (3) render technical
advice and service to all state agencies in the
preparation and correlation of plans for necessary
improvement of their physical plants; (4)
cooperate with those charged with fiscal
programming and budget formulation in the
development of a capital program and a capital
budget for the state; (5) be responsible for the
purchase, lease and acquisition of property and
space to house state agencies and, subject to the
provisions of section 4b-21, AS AMENDED, the sale
or exchange of any land or interest in land
belonging to the state; (6) maintain a complete
and current inventory of all state-owned or leased
property and premises, including space-utilization
data; [,] and (7) supervise the care and control
of buildings and grounds owned or leased by the
state in Hartford, except the building and grounds
of the State Capitol and the Legislative Office
Building and parking garage and related structures
and facilities and grounds, as provided in section
2-71h, AS AMENDED, and the Connecticut Marketing
Authority and property under the supervision of
the Office of the Chief Court Administrator under
the terms of section 4b-11, AS AMENDED. For the
purposes of this section, the term "Judicial
Department" does not include the courts of
probate, the Division of Criminal Justice and the
Public Defender Services Commission, except where
they share facilities in state-maintained courts.
Subject to the provisions of chapter 67, said
commissioner may appoint such employees as are
necessary for carrying out the duties prescribed
to said commissioner by the general statutes.
Sec. 82. Section 4b-55a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Notwithstanding any provisions of this
chapter to the contrary, the Commissioner of
Public Works may select and interview at least
three responsible and qualified environmental
professionals, and may negotiate with any one of
such professionals a contract which is both fair
and reasonable to the state in order to conduct
the evaluations required by section 22a-1b for a
priority higher education facility project, as
defined in subsection [(f)] (g) of section 4b-55.
Sec. 83. Section 8-1aa of the general
statutes, as amended by section 2 of public act
98-105, is repealed and the following is
substituted in lieu thereof:
As used in section 8-2:
(1) "Traprock ridge" means Beacon Hill,
Saltonstall Mountain, Totoket Mountain, Pistapaug
Mountain, Fowler Mountain, Beseck Mountain, Higby
Mountain, Chauncey Peak, Lamentation Mountain,
Cathole Mountain, South Mountain, East Peak, West
Peak, Short Mountain, Ragged Mountain, Bradley
Mountain, Pinnacle Rock, Rattlesnake Mountain,
Talcott Mountain, Hatchett Hill, Peak Mountain,
West Suffield Mountain, Cedar Mountain, East Rock,
Mount Sanford, Prospect Ridge, Peck Mountain, West
Rock, Sleeping Giant, Pond Ledge Hill, Onion
Mountain, The Sugarloaf, The Hedgehog, West
Mountains, The Knolls, Barndoor Hills, Stony Hill,
Manitook Mountain, Rattlesnake Hill, Durkee Hill,
East Hill, Rag Land, Bear Hill, Orenaug Hills;
(2) "Amphibolite Ridge" means Huckleberry
Hill, East Hill, [Raythum] RATLUM Hill, [Hoar
Hill] MOUNT HORR, Sweetheart [Hill and Onion Hill
in Canton] MOUNTAIN;
(3) "Ridgeline" means the line on a traprock
or amphibolite ridge created by all points at the
top of a fifty per cent slope, which is maintained
for a distance of fifty horizontal feet
perpendicular to the slope and which consists of
surficial basalt geology, identified on the map
prepared by Stone et al., United States Geological
Survey, entitled "Surficial Materials Map of
Connecticut";
(4) "Ridgeline setback area" means the area
bounded by (A) a line that parallels the ridgeline
at a distance of one hundred fifty feet on the
more wooded side of the ridge, and (B) the contour
line where a ridge of less than fifty per cent is
maintained for fifty feet or more on the rockier
side of the slope, mapped pursuant to section 8-2;
(5) "Development" means the construction,
reconstruction, alteration, or expansion of a
building; and
(6) "Building" means any structure other than
(A) a facility as defined in section 16-50i or (B)
structures of a relatively slender nature compared
to the buildings to which they are associated,
including but not limited to chimneys, flagpoles,
antennas, utility poles and steeples.
Sec. 84. Subsection (a) of section 8-30g of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) As used in this section: (1) "Affordable
housing development" means a proposed housing
development (A) which is assisted housing or (B)
in which not less than twenty-five per cent of the
dwelling units will be conveyed by deeds
containing covenants or restrictions which shall
require that such dwelling units be sold or rented
at, or below, prices which will preserve the units
as affordable housing, as defined in section
8-39a, for persons and families whose income is
less than or equal to eighty per cent of the area
median income or eighty per cent of the state
median income, whichever is less, for at least
thirty years after the initial occupation of the
proposed development; (2) "affordable housing
application" means any application made to a
commission in connection with an affordable
housing development by a person who proposes to
develop such affordable housing; (3) "assisted
housing" means housing which is receiving, or will
receive, financial assistance under any
governmental program for the construction or
substantial rehabilitation of low and moderate
income housing, and any housing occupied by
persons receiving rental assistance under chapter
[138a] 319uu or Section 1437f of Title 42 of the
United States Code; (4) "commission" means a
zoning commission, planning commission, planning
and zoning commission, zoning board of appeals or
municipal agency exercising zoning or planning
authority; and (5) "municipality" means any town,
city or borough, whether consolidated or
unconsolidated.
Sec. 85. Subsection (b) of section 12-217n of
the general statutes, as amended by section 23 of
public act 98-110, is repealed and the following
is substituted in lieu thereof:
(b) For purposes of this section:
(1) "Research and development expenses" means
research or experimental expenditures deductible
under Section 174 of the Internal Revenue Code of
1986, as in effect on May 28, 1993, determined
without regard to Section 280C(c) thereof or any
elections made by a taxpayer to amortize such
expenses on its federal income tax return that
were otherwise deductible, and basic research
payments as defined under Section 41 of said
Internal Revenue Code to the extent not deducted
under said Section 174, provided: (A) Such
expenditures and payments are paid or incurred for
such research and experimentation and basic
research conducted in this state; and (B) such
expenditures and payments are not funded, within
the meaning of Section 41(d)(4)(H) of said
Internal Revenue Code, by any grant, contract, or
otherwise by a person or governmental entity other
than the taxpayer unless such other person is
included in a combined return with the person
paying or incurring such expenses;
(2) "Combined return" shall mean a combined
corporation business tax return under section
12-223a;
(3) "Commissioner" means the Commissioner of
Economic and Community Development;
(4) "Qualified small business" means a
company that (A) has gross income for the previous
income year that does not exceed one hundred
million dollars, and (B) has not, in the
determination of the commissioner, met the gross
income test through transactions with a related
person, as defined in section [12-217m] 1 OF
PUBLIC ACT 97-295.
Sec. 86. Subsection (b) of section 19a-7 of
the general statutes, as amended by section 1 of
public act 98-87, is repealed and the following is
substituted in lieu thereof:
(b) For the purposes of establishing a state
health plan as required by subsection (a) of this
section and consistent with state and federal law
on patient records including, but not limited to,
the Office of Health Care [Data] ACCESS
regulations on confidentiality and notice, the
department is entitled to access hospital
discharge data, emergency room and ambulatory
surgery encounter data, data on home health care
agency client encounters and services, data from
community health centers on client encounters and
services and all data collected or compiled by the
Office of Health Care Access pursuant to section
19a-613, as amended by section 2 of [this act]
PUBLIC ACT 98-87.
Sec. 87. Subsection (a) of section 20-329f of
the general statutes, as amended by section 46 of
public act 98-10, is repealed and the following is
substituted in lieu thereof:
(a) The commission shall, upon completion of
the investigation and inspection as provided in
[subsection] SECTION 20-329e, as amended by [this
act] PUBLIC ACT 98-10, but, in the absence of any
agreement to the contrary between the applicant
and the commission, not later than three months
from the receipt of the completed license
application, or receipt of an effective statement
of record filed with the Secretary of Housing and
Urban Development and filed with the commission
pursuant to subsection (c) of section 20-329b, as
amended by [this act] PUBLIC ACT 98-10, (1)
approve or disapprove the prospectus, property
report or offering statement submitted under
subsection (c) of section 20-329b, as amended by
[this act] PUBLIC ACT 98-10, or section 20-329d,
as the case may be, and (2) if satisfied, issue to
the applicant upon payment to the commission of a
fee computed as provided in subsection (b), a
license to offer and dispose of in this state the
subdivision or parcels, units or other interests
in any subdivision that is the subject of the
application or such effective statement of record.
Such license shall be valid for one year and may
be renewed annually upon payment to the commission
of a fee, computed as provided in subsection (b),
unless there is a material change affecting such
subdivision or lot, parcels, units or other
interest in any subdivision or the offer or
disposition thereof, in which case all new facts
shall be reported to the commission immediately.
Upon receipt of such report or in the event that
any such material change is discovered by or comes
to the attention of the commission through other
sources, the commission may, after hearing
pursuant to section 20-321, as amended by [this
act] PUBLIC ACT 98-10, take such action as the
commission considers necessary, including the
suspension or revocation of such license if
justified.
Sec. 88. Subsection (c) of section 49-10 of
the general statutes, as amended by public act
98-147, is repealed and the following is
substituted in lieu thereof:
(c) In addition to the requirements of
subsection [(c)] (b) of this section, whenever an
assignment of any residential mortgage loan (1)
made by a lending institution organized under the
laws of or having its principal office in any
other state, and (2) secured by mortgage on
residential real estate located in this state is
made in writing, the instrument shall contain the
name and business or mailing address of all
parties to such assignment.
Sec. 89. Subsection (c) of section 51-46a of
the general statutes, as amended by section 1 of
public act 97-132, is repealed and the following
is substituted in lieu thereof:
(c) The statement filed pursuant to this
section shall be a matter of public information,
except the list of names filed in accordance with
subdivision (2) of subsection (b) of this section
shall be sealed and confidential and for the use
of the Judicial Review Council and the Supreme
Court only if an investigation has been initiated
under section 51-51j and the Judicial Review
Council or the Supreme Court is of the opinion
that disclosure of the list is germane to THE
investigation. The list may be subject to a
subpoena in any criminal prosecution, impeachment
proceedings or a hearing before the Supreme Court
under section 51-51j.
Sec. 90. Subsection (a) of section 7 of
public act 97-272 is repealed and the following is
substituted in lieu thereof:
(a) As used in this section, "relative
caregiver" means a person who is caring for a
child RELATED TO SUCH PERSON because the parent of
the child has died or become otherwise unable to
care for the child for reasons that make
reunification with the parent not a viable option
within the foreseeable future and "commissioner"
means the Commissioner of Children and Families.
Sec. 91. Section 5 of public act 97-287 is
repealed and the following is substituted in lieu
thereof:
Any bail enforcement agent's license may be
suspended or revoked by the Commissioner of Public
Safety, provided notice shall have been given to
the licensee to appear before the commissioner to
show cause why the license should not be suspended
or revoked, upon a finding by the commissioner
that: (1) The licensee has violated any of the
terms or provisions of sections 1 to 10,
inclusive, of [this act] PUBLIC ACT 97-287 or any
of the regulations adopted [hereunder] UNDER
SECTION 12 OF PUBLIC ACT 97-287; (2) the licensee
has practiced fraud, deceit or misrepresentation;
(3) the licensee has made a material misstatement
in the application for issuance or renewal of his
license; (4) the licensee has demonstrated
incompetence or untrustworthiness in the conduct
of his business; (5) the licensee has been
convicted of a felony or other crime affecting his
honesty, integrity or moral fitness. Any party
aggrieved by an order of the commissioner under
this section may appeal therefrom in accordance
with the provisions of section 4-183, except venue
for such appeal shall be in the judicial district
of Hartford-New Britain.
Sec. 92. Subsection (a) of section 10 of
public act 97-287 is repealed and the following is
substituted in lieu thereof:
(a) No professional bondsman licensed under
chapter 533, surety bail bond agent licensed under
chapter 700f or bail enforcement agent licensed
under sections 2 to 5, inclusive, of [this act]
PUBLIC ACT 97-287, shall carry a pistol, revolver
or other firearm while engaging in the business of
a professional bondsman, surety bail bond agent or
bail enforcement agent, as the case may be, or
WHILE traveling TO or from such business unless he
obtains a special permit from the Commissioner of
Public Safety in accordance with the provisions of
subsection (b) of this section. The permit
required under this section shall be in addition
to the permit requirement imposed under section
29-28.
Sec. 93. Subsection (d) of section 2 of
public act 98-145 is repealed and the following is
substituted in lieu thereof:
(d) Any person who has submitted to a
urinalysis drug test pursuant to subsection (c) of
this section that produced a positive result may
request that a second urinalysis drug test be
administered, at such person's expense, to confirm
the results of the first test, except that if the
participant is determined to be indigent, based
upon financial affidavits, the Department of
Correction shall pay the cost of the test. The
second drug test shall be a urinalysis drug test,
separate and independent of the initial test. The
participant may be detained in a halfway house
pending the results of the second test. If such
second test does not produce a positive result,
the participant, if detained in a halfway house,
shall be released from such halfway house and the
fee, if paid by the participant, shall be refunded
TO THE participant.
Sec. 94. Section 7 of public act 98-150 is
repealed and the following is substituted in lieu
thereof:
Notwithstanding the provisions of section
19a-638, as amended by section 2 of [this act]
PUBLIC ACT 98-150, or section 19a-639, as amended
by section 3 of [this act] PUBLIC ACT 98-150, the
office may waive the requirements of those
sections and grant a certificate of need to any
health care facility, [or] institution OR PROVIDER
or any state health care facility, institution or
provider proposing to replace major medical
equipment, imaging equipment or a linear
accelerator if:
(1) The facility, institution or provider has
previously obtained a certificate of need for the
equipment or accelerator being replaced;
(2) The replacement value or expenditure for
the replacement equipment or accelerator is not
more than the original cost plus an increase of
ten per cent for each twelve-month period that has
elapsed since the date of the original certificate
of need; and
(3) The replacement value or expenditure is
less than two million dollars.
Sec. 95. Section 3 of public act 98-183 is
repealed and the following is substituted in lieu
thereof:
(a) The Chief Court Administrator and the
Secretary of the Office of Policy and Management,
in consultation with the [Commissioner]
COMMISSIONERS of Education and Children and
Families, the cochairmen of and ranking members of
the committees on judiciary and education, a
representative from the Select Committee on
Children, a representative from the youth services
bureaus and a representative from the truancy
subcommittee of the [Sale] SAFE Schools and
Communities Coalition shall develop and submit,
not later than January 1, 1999, to the Governor
and the General Assembly, a family with service
needs plan, which shall include a recommendation
for the 1999-2001 biennial budget to implement
such a plan.
Sec. 96. Subsection (c) of section 2 of
public act 98-169 is repealed and the following is
substituted in lieu thereof:
(c) Not later than January 1, 1999, and
annually thereafter, the Labor Department shall
submit a report to the Governor, the joint
standing committees of the General Assembly having
cognizance of matters relating to appropriations,
human services and labor and public employees and
the Connecticut [Training and Employment]
EMPLOYMENT AND TRAINING Commission. Each report
shall contain an evaluation of the operation of
the employment services administered by the Labor
Department pursuant to this section, including the
number of persons who receive employment services,
their gender and outcomes. Each such report shall
also provide specific information regarding the
cost-effectiveness of the employment services.
Sec. 97. Subsection (e) of section 6 of
public act 98-220 is repealed and the following is
substituted in lieu thereof:
(e) Where the state applies for an order to
close the real property or any portion thereof,
the court shall take into consideration the rights
of all interested parties and shall limit the
scope of a closing order to minimize dispossession
or dislocation of tenants or residents who have
been factually uninvolved in the conduct
contributing to the public nuisance, unless
[continued occupation] CLOSURE of the property is
necessary to protect public health, safety or
welfare.
Sec. 98. Subdivision (a) of subsection (59)
of section 12-81 of the general statutes, as
amended by section 2 of public act 98-146, is
repealed and the following is substituted in lieu
thereof:
(a) Any manufacturing facility, as defined in
section 32-9p, acquired, constructed,
substantially renovated or expanded on or after
July 1, 1978, in a distressed municipality, as
defined in said section or in a targeted
investment community, as defined in section
32-222, or in an enterprise zone designated
pursuant to section 32-70 and for which an
eligibility certificate has been issued by the
Department of Economic and Community Development,
and any manufacturing plant designated by [said
Commissioner] THE COMMISSIONER OF ECONOMIC AND
COMMUNITY DEVELOPMENT under subsection (a) of
section 32-75c, as amended by [this act] PUBLIC
ACT 98-146, as follows: To the extent of eighty
per cent of its valuation for purposes of
assessment in each of the five full assessment
years following the assessment year in which the
acquisition, construction, renovation or expansion
of the manufacturing facility is completed, except
that a manufacturing facility having a standard
industrial classification code of 2833 OR 2834 and
having at least one thousand full-time employees,
as defined in subsection (f) of section 32-9j,
shall be eligible to have the assessment period
extended for five additional years upon approval
of the commissioner, in accordance with all
applicable regulations, provided such full-time
employees have not been relocated from another
facility in the state operated by the same
eligible applicant.
Sec. 99. Subsection (b) of section 1 of
public act 98-220 is repealed and the following is
substituted in lieu thereof:
(b) The state has the exclusive right to
bring an action to abate a public nuisance
involving any real property or portion thereof,
commercial or residential, including single or
multifamily dwellings, provided there have been
three or more arrests for conduct on the property
documented by a law enforcement officer [of any]
for ANY OF the offenses enumerated in subdivisions
(1) to (7), inclusive, of subsection (c) of this
section within the three hundred sixty-five days
preceding commencement of the action.
Sec. 100. Subsection (b) of section 51-49h of
the general statutes, as amended by section 4 of
public act 98-197, is repealed and the following
is substituted in lieu thereof:
(b) Any such judge, any family support
magistrate or any compensation commissioner who is
a veteran may receive credit for retirement
purposes for military service, if such judge,
family support magistrate or compensation
commissioner makes retirement contributions for
each month of military service equal to
one-twelfth of five per cent of his first year's
salary as a judge, [or] family support magistrate
OR COMPENSATION COMMISSIONER multiplied by the
total number of months of such military service,
except that (1) no retirement contribution shall
be made for service as a prisoner of war, and (2)
no credit shall be allowed for military service to
any such judge, family support magistrate or
compensation commissioner who has served less than
ten years as a judge, family support magistrate or
compensation commissioner, nor for more than fifty
per cent of such military service or three years,
whichever is less. Service credit for military
service for retirement purposes other than service
as a prisoner of war shall not be granted until
payment of contributions is completed. Any
application for military service credit under this
section for service as a prisoner of war shall be
accompanied by sufficient proof from the Veterans'
Administration of the United States that such
judge, [or] family support magistrate OR
COMPENSATION COMMISSIONER is a former prisoner of
war.
Sec. 101. Section 5 of public act 98-242 is
repealed and the following is substituted in lieu
thereof:
Notwithstanding the provisions of
subparagraph (c) of subdivision (59) of section
[12-89] 12-81 of the general statutes, any person
otherwise eligible for an exemption, relating to a
manufacturing facility in a distressed
municipality having a population of not less than
seventy thousand persons and not more than ninety
thousand persons, pursuant to subparagraph (a) of
said subdivision for taxes payable in July, 1997,
and January, 1998, except that such person failed
to make application within the time specified in
said subparagraph (c), may submit an application
for exemption within thirty days after the
effective date of [this act] PUBLIC ACT 98-242.
The application shall be accompanied by the fee
required by section 12-81k of the general
statutes. Upon receipt of the application and fee
and verification of payment of such taxes, the
municipality may reimburse such person in an
amount equal to the amount by which such taxes
exceed the taxes payable if the application had
been filed in a timely manner.
Sec. 102. Subsection (b) of section 46b-129
of the general statutes, as amended by section 19
of public act 97-319 and section 5 of public act
98-241, is repealed and the following is
substituted in lieu thereof:
(b) If it appears from the specific
allegations of the petition and other verified
affirmations of fact accompanying the petition and
application, or subsequent thereto, that there is
reasonable cause to believe that (1) the child is
suffering from serious physical illness or serious
physical injury or is in immediate physical danger
from his surroundings and (2) that as a result of
said conditions, the child's safety is endangered
and immediate removal from such surroundings is
necessary to ensure the child's safety, the court
shall either [(1)] (A) issue an order to the
parents or other person having responsibility for
the care of the child or youth to appear at such
time as the court may designate to determine
whether the court should vest in some suitable
agency or person the child's or youth's temporary
care and custody pending disposition of the
petition, or [(2)] (B) issue an order ex parte
vesting in some suitable agency or person the
child's or youth's temporary care and custody. A
preliminary hearing on any ex parte custody order
or order to appear issued by the court shall be
held within ten days from the issuance of such
order. The service of such orders may be made by
any officer authorized by law to serve process, or
by any probation officer appointed in accordance
with section 46b-123, investigator from the
Department of Administrative Services, state or
local police officer or indifferent person. Such
orders shall include a conspicuous notice to the
respondent written in clear and simple language
containing at least the following information:
[(1)] (i) That the order contains allegations that
conditions in the home have endangered the safety
and welfare of the child; [(2)] (ii) that a
hearing will be held on the date on the form;
[(3)] (iii) that the hearing is the opportunity to
present the parents' position concerning the
alleged facts; [(4)] (iv) that an attorney will be
appointed for parents who cannot afford an
attorney; [(5)] (v) that such parents may apply
for a court-appointed attorney by going in person
to the court address on the form and are advised
to go as soon as possible in order for the
attorney to prepare for the hearing; and [(6)]
(vi) if such parents have any questions concerning
the case or appointment of counsel, any such
parent is advised to go to the court or call the
clerk's office at the court as soon as possible.
Upon application for appointed counsel, the court
shall promptly determine eligibility and, if the
respondent is eligible, promptly appoint counsel.
The expense for any temporary care and custody
shall be paid by the town in which such child or
youth is at the time residing, and such town shall
be reimbursed therefor by the town found liable
for his support, except that where a state agency
has filed a petition pursuant to the provisions of
subsection (a) of this section, the agency shall
pay such expense. The agency shall give primary
consideration to placing the child in the town
where such child resides. The agency shall file in
writing with the clerk of the court the reasons
for placing the child in a particular placement
outside the town where the child resides. Upon
issuance of an ex parte order, the court shall
provide to the commissioner and the parent or
guardian specific steps necessary for each to take
to address the ex parte order for the parent or
guardian to retain or regain custody of the child
or youth.
Sec. 103. Subsection (c) of section 7-131e of
the general statutes, as amended by section 4 of
public act 98-157, is repealed and the following
is substituted in lieu thereof:
(c) The review board shall consist of
[twenty] TWENTY-ONE members as follows: (1) The
chairpersons and ranking members of the bonding
subcommittee of the joint standing committee of
the General Assembly having cognizance of matters
relating to finance, revenue and bonding; (2) one
member of the joint standing committee of the
General Assembly having cognizance of matters
relating to the environment, appointed by the
speaker of the House of Representatives, and one
member of the joint standing committee of the
General Assembly having cognizance of matters
relating to planning and development, appointed by
the president pro tempore of the Senate, each of
whom shall be ex officio members of the board; (3)
the Secretary of the Office of Policy and
Management, or his designee; (4) a representative
of the business community and a person experienced
in issues relating to access to public facilities
by persons with disabilities, appointed by the
Governor; (5) one representative from an
investor-owned water utility, appointed by the
minority leader of the Senate; (6) one
representative from a municipal water utility,
appointed by the minority leader of the House of
Representatives; (7) one representative from a
regional water utility, appointed by the minority
leader of the Senate; (8) one representative who
is a realtor or attorney with a minimum of five
years experience in real estate transfers,
appointed by the speaker of the House of
Representatives; one representative with a minimum
of five years experience in the construction
industry or land development, appointed by the
president pro tempore of the Senate; (9) two
representatives of interest groups primarily
concerned with the conservation of river watershed
regions, appointed one each by the majority
leaders of the House of Representatives and the
Senate; (10) three representatives from nonprofit
organizations primarily concerned with
environmental protection or natural resource
conservation with a minimum of five years
experience in land conservation and acquisition,
appointed one each by the Governor, the speaker of
the House of Representatives and the president pro
tempore of the Senate; and (11) one chief elected
official of a town with a population less than
twenty thousand and one chief elected official of
a town with a population greater than twenty
thousand, appointed by the Governor. The members,
other than the members described in subdivisions
(1), (2) and (3) of this subsection, shall serve
terms of three years provided the terms of the
members described in subdivisions (4) to (8),
inclusive, of this subsection who are appointed in
the year after the effective date of this act
shall expire on October 1, 1999, and further
provided the terms of the members described in
subdivisions [(5) to] (9) TO (11), inclusive, of
this subsection shall expire on October 1, 2000.
The board shall elect a chairman from among its
members and shall make such election on or before
October 1, 1998. Members of the board shall serve
until reappointed or replaced.
Sec. 104. Section 4 of public act 98-246 is
repealed and the following is substituted in lieu
thereof:
This act shall take effect from its passage,
except that [sections 1 and 2] SECTION 1 shall
take effect October 1, 1998.
Sec. 105. Section 79 of public act 98-252 is
repealed and the following is substituted in lieu
thereof:
Sections 10-4m, 10-21d, 10-21e, 10-74e,
10-92, 10-204, 10-262g, 10-264a to 10-264d,
inclusive, 10-264k, [10-265a to 10-265d,
inclusive, as amended,] 10-266s, 46a-31 and 46a-33
of the general statutes are repealed.
Sec. 106. Subdivision (2) of subsection (a)
of section 12-214 of the general statutes, as
amended by section 6 of public act 98-244, is
repealed and the following is substituted in lieu
thereof:
(2) The following companies shall be exempt
from the tax imposed under this chapter: (A)
Insurance companies incorporated or organized
under the laws of any other state or foreign
government, (B) companies exempt by the federal
corporation net income tax law, and any company
which qualifies as a domestic international sales
corporation (DISC), as defined in Section 992 of
the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of
the United States, as from time to time amended,
and as to which a valid election under subsection
(b) of said Section 992 to be treated as a DISC is
effective, but excluding companies, other than any
company which so qualifies as, and so elects to be
treated as, a DISC, which elect not to be subject
to such tax under any provision of said Internal
Revenue Code other than said subsection (b) of
Section 992; (C) companies subject to gross
earnings taxes under chapter 210; (D) companies
all of whose properties in this state are operated
by companies subject to gross earnings taxes under
chapter 210; (E) cooperative housing corporations,
as defined for federal income tax purposes; (F)
any organization or association of two or more
persons established and operated for the exclusive
purpose of promoting the success or defeat of any
candidate for public office or of any political
party or question or constitutional amendment to
be voted upon at any state or national election or
for any other political purpose; (G) any company
which is not owned or controlled, directly or
indirectly, by any other company, the gross annual
revenues of which in the most recently completed
year did not exceed one hundred million dollars
and which engaged in the research, design,
manufacture, sale or installation of alternative
energy systems or motor vehicles powered in whole
or in part by electricity, natural gas or solar
energy including their parts and components,
provided at least seventy-five per cent of the
gross annual revenues of such company are derived
from such research, design, manufacture, sale or
installation; [and] (H) any company which engages
in the research, design, manufacture or sale in
Connecticut of aero-derived gas turbine systems in
advanced industrial applications, which
applications are developed after October 1, 1992,
which are limited to simply-cycle systems, humid
air, steam or water injection, recuperation or
intercooling technologies, including their parts
and components, to the extent that such company's
net income is directly attributable to such
purposes; (I) any nonunited states corporation,
which shall be any foreign corporation, as defined
in section 7701(a)(5) of the Internal Revenue
Code, whose sole activity in this state during the
income year consists of the trading in stocks,
[or] securities OR COMMODITIES for such
corporation's own account, as defined in section
864(b)(2)(A)(ii) of said Internal Revenue Code;
and (J) for income years commencing on or after
January 1, 2001, S corporations.
Sec. 107. Section 22 of public act 98-255 is
repealed and the following is substituted in lieu
thereof:
(a) Notwithstanding any provision of the
general statutes to the contrary, the Commissioner
of Public Works shall convey to the town of
Greenwich, subject to the approval of the State
Properties Review Board and at a cost equal to the
administrative costs of making such conveyance, a
parcel of land located at the junction of Route
U.S. 1, Boston Post Road and [South] SOUND Beach
Avenue in the town of Greenwich, having an area of
approximately .49 acre and bounded and described
as follows:
NORTHERLY: By the Junction of Route U.S. 1,
the Boston Post Road and [South]
SOUND Beach Avenue;
EASTERLY: By [South] SOUND Beach Avenue;
SOUTHERLY: By Old Greenwich Lane and land now
or formerly of Harold C. and
William M. Rich, each in part;
WESTERLY: By Route U.S. 1, Boston Post Road;
together with buildings thereon, and the same
being a portion of the premises contained in an
Executrix Deed, dated October 18, 1916, and
recorded in the Greenwich Land Records in Volume
159 at Page 148.
(b) The town of Greenwich shall use said
parcel of land for open space purposes. If the
town of Greenwich:
(1) Does not use said parcel for said
purposes,
(2) Does not retain ownership of all of said
parcel, or
(3) Leases all or any portion of said parcel,
the parcel shall revert to the state of
Connecticut.
(c) The State Properties Review Board shall
complete its review of the conveyance of said
parcel of land not later than thirty days after it
receives a proposed agreement from the Department
of Public Works. The land shall remain under the
care and control of said department until a
conveyance is made in accordance with the
provisions of this section. The State Treasurer
shall execute and deliver any deed or instrument
necessary for a conveyance under this section,
which deed or instrument shall include provisions
to carry out the purposes of subsection (b) of
this section, and the Commissioner of Public Works
shall have the sole responsibility for all other
incidents of such conveyance.
Sec. 108. Section 46b-150a of the general
statutes, as amended by section 9 of public act
98-219, is repealed and the following is
substituted in lieu thereof:
(a) With respect to a petition filed in
Superior Court pursuant to section [46a-150]
46b-150, as amended by [this act] PUBLIC ACT
98-219, the Superior Court may, if it deems it
appropriate, (1) require a probation officer, the
Commissioner of Children and Families or any other
person to investigate the allegations in the
petition and file a report of that investigation
with the court, (2) appoint counsel for the minor
who may serve as guardian ad litem for the minor,
(3) appoint counsel for the minor's parents or
guardian, or (4) make any other orders regarding
the matter which the court deems appropriate.
(b) With respect to a petition filed in
probate court pursuant to section 46b-150, as
amended by [this act] PUBLIC ACT 98-219, the
probate court shall request an investigation by
the Commissioner of Children and Families, unless
this requirement is waived by the court for cause
shown. The court shall appoint counsel to
represent the minor. The costs of such counsel
shall be paid by the minor, except that if such
minor is unable to pay for such counsel and files
an affidavit with the court demonstrating his
inability to pay, the reasonable compensation
shall be established by, and paid from funds
appropriated to, the Judicial Department. If funds
have not been included in the budget of the
Judicial Department for such purposes, such
compensation shall be established by the Probate
Court Administrator and paid from the Probate
Court Administration Fund.
Sec. 109. Section 1 of public act 98-99 is
repealed and the following is substituted in lieu
thereof:
The Commissioner of Environmental Protection
shall adopt alternative standards for the
specifications provided in sections 22a-256n and
[22a-256o] 22a-256p of the general statutes if he
determines, upon receipt of documentation from the
Northeast Recycling Council, that such
specifications are not achievable which
determination shall be made not less than once
annually. Such alternative standards shall be in
effect during any period of time in which the
commissioner determines that the publishing or
printing industry is unable to obtain sufficient
amounts of runable newsprint containing recycled
fiber at a price comparable to the price for
virgin newsprint or is unable to find such
newsprint within a reasonable time.
Sec. 110. Section 1 of public act 98-105 is
repealed and the following is substituted in lieu
thereof:
The Commissioner of Environmental Protection,
in consultation with the [Rivers] RIVER PROTECTION
Advisory Committee, shall prepare a model river
protection ordinance which may be used by any
municipality in this state in adopting ordinances
or regulations for the protection of rivers. Such
model ordinance may include, but need not be
limited to, recommendations for the modification
of municipal plans of development and zoning,
subdivision, site plan and wetlands regulations as
necessary to allow implementation of a river
protection ordinance or regulation. Such
recommendations may concern tourism, navigation,
utility and transportation rights-of-way and
water-dependent recreational, industrial,
commercial, agricultural and other uses, as well
as proposals for specific setbacks from the river,
dimensions of new lots and buildings, restrictions
on cutting of vegetation, restrictions on
earth-moving for mining or other purposes,
prohibited activities and regulation of paving and
other forms of impervious ground cover. Such plan
may also include recommendations for incentives
for property owners to protect lands within the
river corridor and to develop such lands in a
manner that is compatible with resource
protection. Such incentives may include tax
credits for donation to appropriate parties of
open space easements or land development rights
and incentives for cluster development.
Sec. 111. Subsection (a) of section 1 of
public act 98-135 is repealed and the following is
substituted in lieu thereof:
(a) The Office of Adult Probation, in
conjunction with state-wide experts in law
enforcement, the treatment of sexual offenders and
sexual assault victim services, shall, within
available appropriations, develop a community
response education program to be offered to
neighborhoods and municipalities that have been
notified pursuant to section [54-102r of the
general statutes, as amended,] 9 OF PUBLIC ACT
98-111 that a person who has registered under said
section is or will be residing in that community.
Sec. 112. Subsection (a) of section 7 of
public act 98-128 is repealed and the following is
substituted in lieu thereof:
(a) During the period commencing on July 1,
1998, and ending on October 1, 1998, upon the
reduction in the tax required by section 12-458 of
the general statutes, as amended by [this act]
PUBLIC ACT 98-128, that is effective July 1, 1998,
each [distribution] DISTRIBUTOR as defined in
section 12-455a, in accordance with subsection (b)
of this section, SHALL reduce the per-gallon price
of gasoline or other product intended for use in
the propelling of motor vehicles using combustion
type engines sold in this state by such
distributor to any retail dealer as defined in
section 14-318 of the general statutes, in an
amount equal to the amount of the reduction in
such tax that is imposed on each gallon of such
gasoline or other product. Such distributor shall
maintain any such price reduction in effect for a
period of not less than ninety days after such tax
reduction.
Sec. 113. Subsection (b) of section 17a-110
of the general statutes, as amended by section 12
of public act 98-241, is repealed and the
following is substituted in lieu thereof:
(b) At a hearing held in accordance with
SUBSECTION (k) OF section 46b-129 AND SECTION 7 OF
PUBLIC ACT 98-241, the court shall determine the
appropriateness of continuing efforts to reunify a
child with his family. If the court finds that
such efforts are not appropriate, the Department
of Children and Families shall within sixty days
of such finding either (1) file a petition for the
termination of parental rights, (2) file a motion
to revoke the commitment and vest the custody and
guardianship of the child on a permanent or
long-term basis in an appropriate individual or
couple, or (3) file a written permanency plan with
the court for permanent or long-term foster care,
which plan shall include an explanation of the
reason that neither termination of parental rights
nor custody and guardianship is appropriate for
the child. The court shall promptly convene a
hearing for the purpose of reviewing such written
plan.
Sec. 114. Section 10-184 of the general
statutes, as amended by section 16 of public act
98-243, is repealed and the following is
substituted in lieu thereof:
All parents and those who have the care of
children shall bring them up in some lawful and
honest employment and instruct them or cause them
to be instructed in reading, writing, spelling,
English grammar, geography, arithmetic and United
States history and in citizenship, including a
study of the town, state and federal governments.
Subject to the provisions of this section and
section 10-15c, AS AMENDED, each parent or other
person having control of a child [age five to
sixteen, inclusive,] FIVE YEARS OF AGE AND OVER
AND UNDER SIXTEEN YEARS OF AGE shall cause such
child to attend a public school regularly during
the hours and terms the public school in the
district in which such child resides is in
session, unless the parent or person having
control of such child is able to show that the
child is elsewhere receiving equivalent
instruction in the studies taught in the public
schools. The parent or person having control of a
child five years of age shall have the option of
not sending the child to school until the child is
six years of age and the parent or person having
control of a child six years of age shall have the
option of not sending the child to school until
the child is seven years of age. The parent or
person shall exercise such option by personally
appearing at the school district office and
signing an option form. The school district shall
provide the parent or person with information on
the educational opportunities available in the
school system.
Sec. 115. Subsection (a) of section 10-220 of
the general statutes, as amended by section 21 of
public act 97-290 and section 19 of public act
98-243, is repealed and the following is
substituted in lieu thereof:
(a) Each local or regional board of education
shall maintain good public elementary and
secondary schools, implement the educational
interests of the state as defined in section
10-4a, AS AMENDED, and provide such other
educational activities as in its judgment will
best serve the interests of the school district;
provided any board of education may secure such
opportunities in another school district in
accordance with provisions of the general statutes
and shall give all the children of the school
district as nearly equal advantages as may be
practicable; shall provide an appropriate learning
environment for its students which includes (1)
adequate instructional books, supplies, materials,
equipment, staffing, facilities and technology,
(2) equitable allocation of resources among its
schools, and (3) a safe school setting; shall have
charge of the schools of its respective school
district; shall make a continuing study of the
need for school facilities and of a long-term
school building program and from time to time make
recommendations based on such study to the town;
shall report annually to the Commissioner of
Education on the condition of its facilities and
the action taken to implement its long-term school
building program, which report the commissioner
shall use to prepare an annual report that he
shall submit in accordance with section 11-4a to
the joint standing committee of the General
Assembly having cognizance of education; shall
advise the Commissioner of Education of the
relationship between any individual school
building project pursuant to chapter 173 and such
long-term school building program; shall have the
care, maintenance and operation of buildings,
lands, apparatus and other property used for
school purposes and at all times shall insure all
such buildings and all capital equipment contained
therein against loss in an amount not less than
eighty per cent of replacement cost; shall
determine the number, age and qualifications of
the pupils to be admitted into each school; shall
employ and dismiss the teachers of the schools of
such district subject to the provisions of
sections 10-151, AS AMENDED, and 10-158a, AS
AMENDED; shall designate the schools which shall
be attended by the various children within the
school district; shall make such provisions as
will enable each child of school age, residing in
the district to attend some public day school for
the period required by law and provide for the
transportation of children wherever transportation
is reasonable and desirable, and for such purpose
may make contracts covering periods of not more
than five years; may place in an alternative
school program or other suitable educational
program a pupil enrolling in school who is
nineteen years of age or older and cannot acquire
a sufficient number of credits for graduation by
age twenty-one; may arrange with the board of
education of an adjacent town for the instruction
therein of such children as can attend school in
such adjacent town more conveniently; shall cause
each child [age five to sixteen, inclusive,] FIVE
YEARS OF AGE AND OVER AND UNDER SIXTEEN YEARS OF
AGE living in the school district to attend school
in accordance with the provisions of section
10-184, as amended by section 16 of [this act]
PUBLIC ACT 98-243, and shall perform all acts
required of it by the town or necessary to carry
into effect the powers and duties imposed by law.
Sec. 116. Subsection (c) of section 8 of
public act 98-243 is repealed and the following is
substituted in lieu thereof:
(c) PRIORITY SCHOOL DISTRICTS SHALL RECEIVE
GRANTS BASED ON THE FORMULA ESTABLISHED IN
SUBDIVISION (1) OF SUBSECTION (e) OF SECTION 4 OF
PUBLIC ACT 98-243. No funds received by a school
district pursuant to this section shall be used to
supplant federal, state or local funding received
by such town for improvements to school buildings.
Sec. 117. Subsection (d) of section 9 of
public act 98-243 is repealed and the following is
substituted in lieu thereof:
(d) PRIORITY SCHOOL DISTRICTS SHALL RECEIVE
GRANTS BASED ON THE FORMULA ESTABLISHED IN
SUBDIVISION (1) OF SUBSECTION (e) OF SECTION 4 OF
PUBLIC ACT 98-243. The Department of Education may
retain up to one per cent of the amount of funds
appropriated for purposes of this section for
coordination, program evaluation and
administration.
Sec. 118. Section 33-900 of the general
statutes, as amended by section 28 of public act
97-246, is repealed and the following is
substituted in lieu thereof:
(a) In a proceeding BY A SHAREHOLDER under
subdivision (1) of subsection (a) OR SUBDIVISION
(2) OF SUBSECTION (b) of section 33-896 to
dissolve a corporation that has no shares listed
on a national securities exchange or regularly
traded in a market maintained by one or more
members of a national or affiliated securities
association, the corporation may elect or, if it
fails to elect, one or more shareholders may elect
to purchase all shares owned by the petitioning
shareholder at the fair value of the shares. An
election pursuant to this section shall be
irrevocable unless the court determines that it is
equitable to set aside or modify the election.
(b) An election to purchase pursuant to this
section may be filed with the court at any time
within ninety days after the filing of the
petition under subdivision (1) of subsection (a)
OR SUBDIVISION (2) OF SUBSECTION (b) of section
33-896 or at such later time as the court in its
discretion may allow. If the election to purchase
is filed by one or more shareholders, the
corporation shall, within ten days thereafter,
give written notice to all shareholders, other
than the petitioner. The notice must state the
name and number of shares owned by the petitioner
and the name and number of shares owned by each
electing shareholder and must advise the
recipients of their right to join in the election
to purchase shares in accordance with this
section. Shareholders who wish to participate must
file notice of their intention to join in the
purchase no later than thirty days after the
effective date of the notice to them. All
shareholders who have filed an election or notice
of their intention to participate in the election
to purchase thereby become parties to ownership of
shares as of the date the first election was
filed, unless they otherwise agree or the court
otherwise directs. After an election has been
filed by the corporation or one or more
shareholders, the proceeding under subdivision (1)
of subsection (a) OR SUBDIVISION (2) OF SUBSECTION
(b) of section 33-896 may not be discontinued or
settled, nor may the petitioning shareholder sell
or otherwise dispose of his shares, unless the
court determines that it would be equitable to the
corporation and the shareholders, other than the
petitioner, to permit such discontinuance,
settlement, sale or other disposition.
(c) If, within sixty days of the filing of
the first election, the parties reach agreement as
to the fair value and terms of purchase of the
petitioner's shares, the court shall enter an
order directing the purchase of petitioner's
shares upon the terms and conditions agreed to by
the parties.
(d) If the parties are unable to reach an
agreement as provided for in subsection (c) of
this section, the court, upon application of any
party, shall stay the proceedings under
subdivision (1) of subsection (a) OR SUBDIVISION
(2) OF SUBSECTION (b) of section 33-896 and
determine the fair value of the petitioner's
shares as of the day before the date on which the
petition [under said subdivision] was filed or as
of such other date as the court deems appropriate
under the circumstances.
(e) Upon determining the fair value of the
shares, the court shall enter an order directing
the purchase upon such terms and conditions as the
court deems appropriate, which may include payment
of the purchase price in instalments, where
necessary in the interests of equity, provision
for security to assure payment of the purchase
price and any additional costs, fees and expenses
as may have been awarded, and, if the shares are
to be purchased by shareholders, the allocation of
shares among them. In allocating the petitioner's
shares among holders of different classes of
shares, the court should attempt to preserve the
existing distribution of voting rights among
holders of different classes insofar as
practicable and may direct that holders of a
specific class or classes shall not participate in
the purchase. Interest may be allowed at the rate
and from the date determined by the court to be
equitable, but if the court finds that the refusal
of the petitioning shareholder to accept an offer
of payment was arbitrary or otherwise not in good
faith, no interest shall be allowed. [If] IN A
PROCEEDING UNDER SUBDIVISION (1) OF SUBSECTION (a)
OF SECTION 33-896, IF the court finds that the
petitioning shareholder had probable grounds for
relief under SAID subdivision, [(1) of subsection
(a) of section 33-896,] it may award to the
petitioning shareholder reasonable fees and
expenses of counsel and of any experts employed by
him.
(f) Upon entry of an order under subsection
(c) or (e) of this section, the court shall
dismiss the petition to dissolve the corporation
under section 33-896, and the petitioning
shareholder shall no longer have any rights or
status as a shareholder of the corporation, except
the right to receive the amounts awarded to him by
the order of the court which shall be enforceable
in the same manner as any other judgment.
(g) The purchase ordered pursuant to
subsection (e) of this section shall be made
within ten days after the date the order becomes
final unless before that time the corporation
files with the court a notice of its intention to
adopt a certificate of dissolution pursuant to
sections 33-881 and 33-882, which certificate of
dissolution must then be adopted and filed within
fifty days thereafter. Upon filing of such
certificate of dissolution, the corporation shall
be dissolved in accordance with the provisions of
sections 33-884 to 33-887, inclusive, and the
order entered pursuant to subsection (e) of this
section shall no longer be of any force or effect,
except that the court may award the petitioning
shareholder reasonable fees and expenses in
accordance with the provisions of the last
sentence of subsection (e) of this section and the
petitioner may continue to pursue any claims
previously asserted on behalf of the corporation.
(h) Any payment by the corporation pursuant
to an order under subsection (c) or (e) of this
section, other than an award of fees and expenses
pursuant to subsection (e) of this section, is
subject to the provisions of section 33-687.
Sec. 119. Section 33-897 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Venue for a proceeding brought by any
party named in section 33-896 lies in the judicial
district where a corporation's principal office
or, if none in this state, its registered office
is or was last located.
(b) It is not necessary to make shareholders
parties to a proceeding to dissolve a corporation
unless relief is sought against them individually.
(c) A court in a proceeding brought to
dissolve a corporation may issue injunctions,
appoint a receiver or custodian pendente lite with
all powers and duties the court directs, take
other action required to preserve the corporate
assets wherever located and carry on the business
of the corporation until a full hearing can be
held.
(d) Within ten days of the commencement of a
proceeding under subdivision (1) of subsection (a)
OR SUBDIVISION (2) OF SUBSECTION (b) of section
33-896 to dissolve a corporation that has no
shares listed on a national securities exchange or
regularly traded in a market maintained by one or
more members of a national securities exchange,
the corporation must send to all shareholders,
other than the petitioner, a notice stating that
the shareholders are entitled to avoid the
dissolution of the corporation by electing to
purchase the petitioner's shares under section
33-900 and accompanied by a copy of said section.
Sec. 120. Sections 9, 10, 11 and 21 of public
act 98-129 are repealed.
Sec. 121. This act shall take effect from its
passage, except that sections 12, 14, 97 to 102,
inclusive, 104 and 113 to 117, inclusive, shall
take effect July 1, 1998, and sections 7, 84, 86
to 89, inclusive, 94 to 96, inclusive, 103 and 108
to 111, inclusive, shall take effect October 1,
1998.
Approved June 24, 1998